STATE OF MADHYA PRADESH Vs. S B JOHARI

JUDGEMENT

(1.) Leave granted.

(2.) The aforesaid appeals are filed by the State of Madhya Pradesh challenging the orders passed by the High Court of Madhya Pradesh, Bench at Indore allowing Criminal Revision Applications Nos. 613 of 1998 and 159 of 1999 and quashing the charges framed by the Additional Sessions Judge, Indore in Special Case No. 28/96 against the respondents for the offences punishable under Ss. 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1948 read with S. 120-B, I.P.C. and in the alternative for the offence punishable under Ss. 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988.

(3.) FIR was lodged at the Police Station Bhopal to the effect that there was criminal conspiracy in purchase of medicines for Cancer Hospital, Indore. At the relevant time Dr. O. P. Tiwari was posted as Dean Medical College, Dr. M. S. Dwivedi was working as Superintendent, Mr. S. B. Johari (respondent No. 1 in S.L.P. No. 2854/99) was working as Medical Officer-in-charge of Stores and Mr. Sudhir Pingle (Sole respondent in S.L.P. No. 2855/99) was working as Accountant in the hospital. It is alleged that all the aforesaid accused entered into criminal conspiracy with some local businessmen of Indore by misusing their posts and also by using some forged documents that caused wrongful loss to the Government. It has been stated that though many of the items have not been purchased, amount is paid on bogus vouchers. On the basis of the material on record, it was pointed out that some medicines were purchased at Jabalpur at lesser price roughly at half the rate. After considering the material on record, learned Sessions Judge framed the charge as stated above. That charge is quashed by the High Court against respondents by accepting the contention raised and considering details of material produced on record. The same is challenged by filing these appeals.