K K MISHRA Vs. STATE OF MADHYA PRADESH & ANR
LAWS(SC)-2018-4-50
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on April 13,2018

K. K. Mishra Appellant
VERSUS
STATE OF MADHYA PRADESH AND ANR Respondents

JUDGEMENT

Ranjan Gogoi, J. - (1.) Leave granted.
(2.) By the order impugned, the High Court of Madhya Pradesh has negatived the challenge made by the appellant to the maintainability of a criminal prosecution/proceeding instituted under Section 199(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") alleging commission of offences under Sections 499 and 500 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") against the Hon'ble Chief Minister of the State of Madhya Pradesh. The complaint has been filed by the Public Prosecutor on 24th June, 2014 before the District & Sessions Judge, Bhopal (Madhya Pradesh) after receipt of sanction from the Competent Authority of the State Government on the very same day i.e. 24th June, 2014.
(3.) At the very outset, we deem it necessary to put on record that during the pendency of the present proceedings the prosecution against the accused appellant has been concluded by the learned Special Judge, Prevention of Corruption Act, Bhopal, Madhya Pradesh by judgment and order dated 17th November, 2017 in Sessions Trial No.573 of 2014. The accused appellant has been found guilty of the commission of the offence punishable under Section 500 IPC and, accordingly, he has been sentenced to undergo simple imprisonment for two years with fine of Rs.25,000/- (Rupees twenty thousand). We are told at the Bar that an appeal against the said order is presently pending before the High Court of Madhya Pradesh and the accused appellant is presently on bail.;


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