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2011 Supreme(MP) 1432

R.C.MISHRA, VIMLA JAIN
U. K. SAMAL – Appellant
Versus
STATE OF M. P. THROUGH SPE, LOKAYUKT OFFICE, BHOPAL – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ajay Mishra
For the Respondent: G. Tiwari,Aditya Adhikari

JUDGMENT :

R. C. MISHRA, J.

1. This is a petition, under section 482 of the Code of Criminal Procedure (for brevity 'the Code'), for having the order-dated 23-3-2010 passed by Special Judge (under the Prevention of Corruption Act, 1988) (hereinafter referred to as 'PC Act') at Bhopal in Special Case No. 1/08 rejecting the applications made by the petitioner for discharge nullified and also for quashing of the charge-sheet, so far as it relates to him.

2. In that case, cognizance of the offences punishable under section 120-B of the Indian Penal Code and 13(1)(d) read with 13(2) of the Prevention of Corruption Act has been taken against the petitioner, a superannuated officer of Indian Administrative Service, and co-accused Narsingh Mandal and Prakash Chand Sethi who, at the relevant point of time, were respectively Chairman and Deputy General Manager (Store and Purchase) of M. P. State Road Transport Corporation (hereinafter referred to as "the Corporation").

3. Relevant allegations, as contained in the charge-sheet, may be summarized as under -

    (i) During his tenure from 28-2-1995 to 26-4-1997, in contravention of the decision of the Head Quarter Tendering Committee, the petitioner, by

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