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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
ON THE 14th OF NOVEMBER 2022
CRIMINAL REVISION No. 923 of 2019
BETWEEN: -
1.
JITENDRA S/O SHRI SUNDERLAL JAISWAL, AGED ABOUT 27
YEARS, OCCUPATION: AGRICULTURE HAAT MAIDAN AB ROAD
GRAM MANGLIA TEHSIL SANWER, DISTRICT INDORE (MADHYA
PRADESH)
2.
PRADEEP S/O SHRI ROHINI KUMAR MISHRA, AGED ABOUT 42
YEARS, OCCUPATION: JOURNALISM 12, PRESS COMPLEX, AB
ROAD, INDORE (MADHYA PRADESH)
.....PETITIONERS
( SHRI VIBHOR KHANDELWAL, LEARNED COUNSEL FOR THE
PETITIONERS)
AND
1.
M.P. STATE ELECTRONICS DEVELOPMENT CORPORATION
LIMITED 147, ZONE NO.1, MP NAGAR BHOPAL (MADHYA
PRADESH)
2.
SHRI ANURAG SHRIVASTAVA OCCUPATION: FORMER
MANAGING DIRECTOR MADHYA PRADESH STATE ELECTRONIC
DEVELOPMENT CORPORATIONLTD. 147, ZONE NO. 1, M.P.
NAGAR, BHOPAL (MADHYA PRADESH)
3.
SHRI P.N. DHYANI OCCUPATION: FORMER SENIOR GENERAL
MANAGER MADHYA PRADESH STATE ELECTRONIC
DEVELOPMENT CORPORATION LTD. 147, ZONE NO. 1, M.P.
NAGAR, BHOPAL (MADHYA PRADESH)
4.
SHRI K.V. NARAYANA OCCUPATION: FORMER, SENIOR
GENERAL MANAGER, MADHYA PRADESH STATE ELECTRONIC
DEVELOPMENT CORPORATION LTD., 147, ZONE NO. 1, M.P.
NAGAR, BHOPAL (MADHYA PRADESH)
5.
SHRI LAXMIKANT TIWARI OCCUPATION: GENERAL MANAGER,
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MADHYA PRADESH STATE ELECTRONIC DEVELOPMENT
CORPORATION, LTD. 147, ZONE NO. 1, M.P. NAGAR, BHOPAL
(MADHYA PRADESH)
6.
SHRI HARI RANJAN RAO OCCUPATION: PRESENT MANAGING
DIRECTOR MADHYA PRADESH STATE ELECTRONIC
DEVELOPMENT CORPORATION LTD. 147, ZONE NO. 1, M.P.
NAGAR, BHOPAL (MADHYA PRADESH)
7.
SHRI ANURAG JAIN OCCUPATION: SECRETARY, INFORMATION
AND TECHNOLOGY DEPARTMENT BHOPAL (MADHYA
PRADESH)
8.
NETWORK FOR INFORMATION AND COMPUTER TECHNOLOGY,
REGISTRATION NO. IND/5696/2001 DATED 31.10.2001, ADD- 403,
SHEKHAR PALACE, VIJAY NAGAR, SCHEME NO. 54, INDORE
(MADHYA PRADESH)
9.
DR. BHARAT AGRAWAL S/O MOHANLAL AGRAWAL
OCCUPATION: PRESIDENT NETWORK FOR INFORMATION AND
COMPUTER TECHNOLOGY, ADD- DAINIK BHASKAR, 6 DWARKA
SADAN, PRESS COMPLEX, M.P. NAGAR, ZONE 1, BHOPAL
(MADHYA PRADESH)
10.
MUKESH HAJELA S/O DINESH AVTAR HAJELA OCCUPATION:
VICE PRESIDENT NETWORK FOR INFORMATION AND
COMPUTER TECHNOLOGY, ADD- 450-451, SUN CITY,
MAHALAXMI NAGAR, INDORE (MADHYA PRADESH)
11.
RAVI SAVALA S/O HARIRAM SAVALA OCCUPATION: TREASURER
NETWORK FOR INFORMATION AND COMPUTER TECHNOLOGY,
ADD-DAINIK BHASKAR, 6, DWARKA SADAN, PRESS COMPLEX,
M.P. NAGAR, ZONE 1, BHOPAL (MADHYA PRADESH)
12.
HIMANSHU JHANVER S/O M.L. JHANVER, OCCUPATION:
SECRETARY NETWORK FOR INFORMATION AND COMPUTER
TECHNOLOGY, ADD-DAINIK BHASKAR, 6, DWARKA SADAN,
PRESS COMPLEX, M.P. NAGAR, ZONE 1, BHOPAL (MADHYA
PRADESH)
13.
JITENDRA CHOUDHARY S/O BABULAL CHOUDHARY
OCCUPATION:
JOINT
SECRETARY,
NETWORK
FOR
INFORMATION AND COMPUTER TECHNOLOGY, ADD-418-418A
SUN CITY MAHALAXMI NAGAR, INDORE (MADHYA PRADESH)
14.
P.G. MISHRA S/O GOPAL KRISHNA MISHRA OCCUPATION:
EXECUTIVE MEMBER NETWORK FOR INFORMATION AND
COMPUTER TECHNOLOGY, ADD- DAINIK BHASKAR, 6, DWARKA
SADAN, PRESS COMPLEX, M.P. NAGAR, ZONE 1, BHOPAL
(MADHYA PRADESH)
15.
MAHENDRA GUPTA S/O MANOHARLAL GUPTA OCCUPATION:
EXECUTIVE MEMBER NETWORK FOR INFORMATION AND
COMPUTER TECHNOLOGY, ADD- 47, TELEPHONE NAGAR,
INDORE (MADHYA PRADESH)
16. MAYA CHOUDHARY W/O JITENDRA CHOUDHARY OCCUPATION:
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MEMBER, NETWORK FOR INFORMATION AND INFORMATION
TECHNOLOGY, ADD-418-418A, SUN CITY, MAHALAXMI NAGAR,
INDORE (MADHYA PRADESH)
17.
SONIYA HAZELA W/O MUKESH HAJELA OCCUPATION: MEMBER
NETWORK FOR INFORMATION AND COMPUTER, TECHNOLOGY,
ADD-450-451, SUN CITY, MAHALAXMI NAGAR, INDORE
(MADHYA PRADESH)
18.
ARVIND
CHOUDHARY S/O
BABULAL CHOUDHARY
OCCUPATION: MEMBER NETWORK FOR INFORMATION AND
COMPUTER TECHNOLOGY, ADD- VILLAGE SIROLIYA, DEWAS
(M.P.)
19. WRITERS & PUBLISHERS LIMITED, ADDRESS- 4/54, PRESS
COMPLEX, A. B. ROAD, INDORE
20.
RAMESH CHANDRA AGRAWAL S/O DWARKA PRASAD AGRAWAL
OCCUPATION: DIRECTOR, WRITERS AND PUBLISHERS LTD.
AGRAWAL BHAWAN, SULTANIYA ROAD, BHOPAL (M.P.) OFFICE
ADD-/4/54, PRESS COMPLEX, AB ROAD, INDORE (MADHYA
PRADESH)
21.
SHRI VIVEK JAIN OCCUPATION: ASSTT. MANAGER, WRITERS
AND PUBLISHERS LIMITED, ADD- 4/54, PRESS COMPLEX, AB
ROAD, INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI ASHISH GUPTA, LEARNED COUNSEL FOR THE RESPONDENT
[R-7].
MS. DARSHANA BAGHEL, LEARNED COUNSEL FOR THE
RESPONDENT [R-1].
SHRI ANSHUMAN SINGH, LEARNED COUNSEL FOR THE
RESPONDENTS.
This revision coming on for orders this day, JUSTICE VIVEK
RUSIA passed the following:
Anuj Bhargava,
The petitioners have filed the present Revision Petition under
Section 397 read with Section 401 of Cr.P.C. against the order dated
05.01.2019 passed by the learned Special Judge (Prevention of
Corruption Act, 1998), whereby an interlocutory application filed
by these petitioners has been dismissed.
The facts of the case, in short, are as under: -
[2]
The petitioners have filed a private complaint under Section
200 of Cr.P.C. on 22.06.2012 in the court of Special Judge (the PC
Act) for alleged offences punishable under Section 13 of the
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Prevention of Corruption Act, 1988 (hereinafter will be referred to
as '' PC Act, 1988'' for convenience) and section 107, 109, 415, 420
and 120-B of IPC. Respondents No. 2 to 7 are public servants and
respondents No. 8 to 21 are private persons arrayed as accused in
the complaint. Along with the complaint, an application under
Section 156(3) of Cr.P.C. was also filed. The petitioners have
alleged that for the implementation ‘Common Services Center
Scheme'', respondents No.2 to 7 abused their official position and,
in connivance with other private persons i.e. respondents No.8 to
21, illegally secured Rs.25 Crores from unemployed youths of this
State. Vide order dated 03.07.2012, the learned Special Judge has
dismissed the application filed under Section 156 (3) of Cr.P.C.
Thereafter petitioners being the complainants have examined
themselves and 11 other witnesses under Section 200 of Cr.P.C.
Since 2012, the complaint has been pending awaiting the sanction
for prosecution by the Government as contemplated under Section
19 of the PC Act, 1988.
[3]
The petitioners moved an application on 02.11.2012 seeking
exemption from obtaining sanction for prosecution but the same
came to be dismissed on 09.11.2012. Thereafter, the petitioners
tried to get over the requirement of sanction for prosecution by
moving an application on 03.08.2016 that the requirement of
sanction be relaxed at least against the private accused persons i.e.,
respondent No.8 to 21. The learned Special judge rejected the said
application vide order dated 06.09.2016.
[4]
The petitioners again filed an application on 22.12.2017
contending that due to a change in their official position by way of
transfer to another department, no sanction is required in respect of
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the prosecution of respondents No.2 to 7. Vide order dated
22.01.2018, learned Special Judge dismissed the application. Being
dissatisfied with the above rejection the petitioners filed the
Criminal Revision Before this court. Vide order dated 27.03.2018
this court set aside the impugned order and remitted the matter back
to the learned special judge for passing fresh order. Meanwhile, the
Central Government has amended the sanction under Section 19 of
the PC Act, w.e.f. 26.07.2018. Vide order dated 05.01.2019, learned
Special Judge has dismissed the application in view of the amended
provision of sanction 19 of the PC Act, hence, this petition before
this Court.
Submission of counsel for the petitioners
[5]
Learned counsel argues that the learned Special judge has
wrongly dismissed the application without considering the effect of
the amendments brought in sanction under Section 19 of the PC Act
and the law laid down by the Apex Court in the case of Abhay
Singh Chautala Vs. Central Bureau of Investigation (2011) 7
SCC 141. Learned counsel further submits that the status of
respondent No.2 to 7 have been changed by their transfer from an
earlier department, where they said to have committed the offence
by way of transfer to another Government department or
corporation, hence, they are no more in the said post, therefore, now
no sanction is required, thus impugned order be set aside and the
Special Judge be directed to take cognizance against the respondent
Nos. 2 to 7 without insisting for the sanction. In support of his
contention, learned counsel for the petitioners has placed heavy
reliance on the judgment passed by Apex Court in the
