Sheel Nagu, Rajeev Kumar Shrivastava - (1.)This order shall govern the disposal of Misc. Criminal Case No. 1257/2020 (Mahabir Prasad Jain and Others vs. State of MP) and Misc. Criminal Case No. 2844/2020 (H.D. Joshi and Another vs. State of MP), as both the petitions are filed for getting similar relief.
(2.)Misc. Cri. Case No. 1257/2020 has been filed against the order dated 14.11.2019 and Misc. Cri. Case No. 2844/2020 has been filed against the order dated 13.3.2019, both passed by Special Judge under Prevention of Corruption Act, Gwalior in Case No. 03/2020 SST. By both impugned orders the applications filed by the petitioners for their discharge for want of sanction have been rejected.
(3.)Facts of the case, in short, are that a criminal case has been registered against the officers of Harsi High Level Sindh Project Phase-II of Government of M.P. and also against the officers of LNU/Federation of State of MP on the allegation of financial irregularity during the period between 2006 to 2010 and Crime No. 29/2009 was registered. In FIR the allegations were made with regard to corruption in purchase, supply and erection of material/apparatus by officers of aforesaid Project for getting monetary benefit. After due investigation, charge-sheet was filed for the offences punishable under Sections 409, 420, 467, 468, 471, 120B of IPC read with Section 13(1)(D), 13(2) of Prevention of Corruption Act, 1988 (for brevity, the 'PC Act').