ORDER

1. The present criminal revision has been filed under section 397 read with section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dated 10.3.2021 passed by learned Special Judge, Prevention of Corruption Act, 1988, whereby he has denied the protection to the present applicant under Judges Protection Act, 1884 (hereinafter referred to as the ‘Act of 1884’).

2. By the impugned order, the charges for offences under section 13(1) (d) and 13(2) of Prevention of Corruption Act, 1988 and section 120-B and 169 of Indian Penal Code, 1860 have been framed against the present applicant and further the applicant has also challenged the sanction order dated 26.12.2018 passed by the State Government.

3. As per prosecution story, one Nathulal S/o Rugga Ji Balai (hereinafter, the borrower) had taken a loan of Rs.4.95 lakhs for purchasing a tractor against his agricultural land at Village-Bhamora, District - Ujjain (MP) bearing survey no.216 admeasuring 5.92 hectare from Punjab National Bank, Branch Kanthal, Ujjain (hereinafter, the lending bank) in the year 2004. The said borrower was unable to repay the loan amount and hence the lending bank on account of non-payment initiated proceeding under the Madhya Pradesh Lok Dhan (Shodhya Rashiyon Ki Vasuli) Adhiniyam, 1987. Since the borrower was not able to comply with the demands of the lending bank, the lending bank initiated RRC proceeding and the same was forwarded to Collector, Ujjain on 11.7.2012.

4. The Collector, Ujjain, further delegated the RRC to the present applicant who was working as ‘Tehsildar’ ordered for public auction of the said property. Thereafter the results of the auction were declared and one Prem Kumar Dangi was declared the highest bidder for Rs.12,11,000/-. The lending bank agreed to the bidding amount on 12.9.2013. Thereafter, letters were issued to the borrower and served the borrower regarding the said bid and upon non-appearance of the borrower, the said auction land was given to the highest bidder on 3.10.2013 and the loan amount was accordingly set off by the lending bank. A cheque was accordingly issued by the lending bank in the name of borrower of the amount left after settling the dues which was accordingly received by the borrower.

5. Being aggrieved by the said auction, a complaint was filed by one Basant Shrivastav, Inspector, Special Police Establishment, wherein it was alleged that the applicant by misusing her post had auctioned the subject property at a price much lower than the guideline value and has declared Prem Kumar Dangi as the highest bidder. Thereafter, based on the complaint filed by Basant Shrivastav, Special Police Establishment, Bhopal vide order dated 27.3.2014 allotted the case to Special Police Establishment, Ujjain for preliminary inquiry. The said case was registered for the preliminary inquiry by the Special Police Establishment on the ground that the present applicant while conducting the RRC had auctioned the land of the borrower bearing survey no.216 admeasuring 3.21 hectare in an arbitrary manner and colluding with one Prem Kumar Dangi, the land was sold at Rs.12.11 lakhs a price lower than the guideline value due to which the borrower had to bear loss of Rs.33 lacs. The applicant has been made accused of misusing her post and auctioning the subject property at a price lower than the guideline value.

6. On the basis of above mentioned complaint, a case was registered against the present applicant bearing Crime No.177/2014 by the Special Police Establishment, Ujjain, under sections 169 and 120 of the Indian Penal Code, 1860 and sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. After committal of the case to Special Judge, Prevention of Corruption Act, Ujjain, Special Case Lokayukt No.01/2020 was registered under the PC Act. Vide impugned order, the learned Special Judge has framed the charges against the present applicant and has also rejected the plea of the present applicant that she