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2012 Supreme(MP) 561

AJIT SINGH, SANJAY YADAV
Special Police Establishment (Lokayukt), Bhopal – Appellant
Versus
State of M. P. – Respondent


Advocate Appeared:
For the petitioner:Shri Aditya Adhikari and Shri Satish Chaturvedi, Advocates.
For respondent:Shri S. P. S. Rai, Government Advocate no.1
For respondent nos.2:Shri K. C. Ghildiyal, Advocate.
For respondent 3 and 4: None (though served).

ORDER

(1.11.2012)

The following order of the Court was delivered by :

Ajit Singh, J.

By this petition the petitioner has prayed for quashing of resolutions, Annexures P1 to P7, passed by the President-in-Council, Nagar Panchayat, Naigarhi, District Rewa (respondent no.2) whereby it has rejected the sanction for prosecution.

2. Sukhrajia, wife of Jagdish Prasad, is working on the post of Sweeper in the Nagar Panchayat, Naigarhi, District Rewa (respondent no.3) where one Jagdish Prasad Patel is also posted as Head Clerk/Accountant. On 20.5.2001 Jagdish Prasad made a complaint to the petitioner, Special Police Establishment (Lokayukt), alleging that Jagdish Prasad Patel is demanding Rs.2,000/as illegal gratification to sanction the medical leave of his wife Sukhrajia. Acting upon the complaint, the petitioner gave a tape-recorder to Jagdish Prasad and on 21.5.2001 recorded his conversation with Jagdish Prasad Patel. Having regard to the substance found in the allegation, the petitioner laid a trap and caught Jagdish Prasad Patel redhanded accepting a bribe of Rs.1,000/on 24.5.2001. The bribe amount was recovered from the pant-pocket of Jagdish Prasad Patel in the presence of independent








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