NEELAM GANDHI Vs. LALJIRAM BADKUR

JUDGEMENT

(1.) The applicants have preferred the present revision against the order dated 21.5.2004 passed by the learned 4th Additional Sessions Judge, Hoshangabad in Criminal Revision No.143/2001 whereby the order dated 20.10.2001 passed by the JMFC Itarsi was set aside in which the complaint was dismissed under Section 203 of Cr.P.C. and the matter was remanded back for reconsideration.

(2.) The prosecution case, in short, is that the respondent No.1 had lodged a complaint against the applicants that being the office bearers of the Municipality, Itarsi they gave a sum of Rs.1,18,685/- to a contractor Kamalnarayan Saini for digging jet pump wells and an information was given to the Legislative Assembly of the Madhya Pradesh that in Ward No.15, 16, 24 and 30 digging of jet pump well was being done, however no jet pump well was dug in those wards, and therefore a complaint was filed by the respondent No.1 that the applicants have committed the offence under Sections 406, 409, 420, 468, 477, 34 of IPC.

(3.) The learned JMFC Itarsi after considering the prosecution evidence under Sections 200 and 202 of Cr.P.C. found that no sanction was received under Section 197 of Cr.P.C. and therefore the case could not be registered. Consequently, the complaint was dismissed under Section 203 of Cr.P.C.