O R D E R

Sheel Nagu, J.

Shri Anil Khare, Sr. Advocate with Shri V.D.Sharma, learned counsel for petitioner in Mcrc 21921/2020 and Mcrc 21582/2020. Shri A.K.Chaturvedi, learned counsel for respondent No.1-

Lokayukt Organization in Mcrc 21921/2020.

Shri Yash Sharma learned counsel for respondent no.2. in Mcrc

21921/2020.

Shri Aditya Singh Ghuraiya, learned Public Prosecutor for the State in Mcrc 21582/2020.

Shri J.D. Suryavanshi, learned Sr. Advocate with Shri Kunal Suryavanshi, learned counsel for petitioner in Mcrc 23265/2020 and Mcrc 50682/19.

Shri Aditya Singh Ghuraiya, learned Public Prosecutor for the respondent-State in Mcrc 23265/2020 and Mcrc 50682/19.

Shri R.K. Sharma, learned Senior Advocate with Shri Pawan Dwivedi, learned counsel for the petitioner in Mcrc 3843/2020. Shri A.K.Chaturvedi, learned counsel for respondent No.1- Lokayukt Organization in Mcrc 3843/2020 and Mcrc 50682/19.

Shri Yash Sharma, learned counsel for respondent No.5 in Mcrc

50682/19.

Learned counsel for the rival parties are heard through video conferencing.

1. Since common questions of fact and law are involved, all the five petitions have been taken up for analogous hearing and are being decided by this common order.

2. All these petitions filed invoking inherent powers of this court u/Sec. 482 Cr.P.C. assail the same order dated 22/4/2019 passed by Special Judge (PC Act)/First Additional Sessions Judge, Gwalior (M.P.) in Special Case No 02/2019 arising out of Crime No. 84/17 registered at Special Police Establishment, Gwalior alleging offences punishable u/Ss. 13(1)(d), 13(2) of the Prevention of Corruption Act,1988 (for brevity the PC Act) and Sec. 120-B of I.P.C.

2.1 Brief facts of the case for the purpose of disposal of present bunch of petitions are required to be stated first.

2.2 On a complaint of one Rakesh Singh Kushwaha, Lokayukt Organization took cognizance and initiated inquiry under the M.P. Lokayukt Evam Up-Lokayukt Adhiniyam, 1981 in regard to alleged complaint against petitioners herein arising out of the work of repairing/maintenance and widening of the old roads from Motijheel to Tighra Road vide agreement dated 14/11/2011 between Special Area Development Authority (SADA) and contractor M/s. Prestigious Scores Pvt.Ltd. During the course of execution of work in question, the said contractor requested not only for increasing depth of scarifying work but also change in quality of material to be used which led to increase in the estimated cost from originally agreed Rs. 18,90,000/- to Rs. 78,68,240/-. The said proposal of contractor was accepted during the period of posting of petitioners on different positions. It was alleged in the complaint that the said proposal of the contractor led to increase in the estimated cost of the work which was accepted resulting in financial loss to public exchequer. After registration of offences under the PC Act against petitioners and few others, investigation was conducted, but a closure was submitted.

2.3 This closure report was filed before the court of competent criminal jurisdiction which passed the impugned order after hearing the petitioners and prosecution, differing with the closure report and declining to accept the same after finding prima facie case for taking cognizance of the offences punishable 13(1)(d), 13(2) of the PC Act and Sec. 120-B of IPC against petitioners and few other co-accused. However, since the statutory bar u/Sec. 19 of the PC Act came in way, the trial court after recording finding that there is prima facie material enough to take cognizance of the said offences, asked the prosecution to obtain necessary sanction for prosecution from the competent authority.

2.4 The challenge to the said order of learned Special Judge is three folds as enumerated below:-

(i) The FIR bearing Crime No. 84/17 does not disclose prima facie case as alleged against petitioners.

(ii) That the impugned order dated 22/4/19 is passed by learned Special Judge exceeding it's jurisdictional purview in as much as