JAYANT AVASHIYA Vs. STATE OF M P

JUDGEMENT

(1.) ALL these revisions shall dispose of by this common order because all are involving almost all same facts and law.

(2.) THE applicants have filed these revisions against the order dated 7-2-2002 whereby the learned Trial Court has framed the charge against the applicants under Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter for brevity called as "the Act" ).

(3.) THE Special Police Establishment (Lokayukta), Indore has filed a charge-sheet against the applicant alleging that he had sanctioned the map for constructing building upto the height of 15 mtrs. whereas according to the Corporation Rule he could pass the map or sanction the map only for construction of building upto the height of 12 mtrs. In Criminal Revision No. 336/2002 and Criminal Revision No. 339/2002, the charges were that the applicant has granted sanction for construction of building on the land of Wakf Board without granting sanction by Town and Country Planning Department for construction of multi-purpose complex. By passing such map illegally, they benefited the concerned party and also misused their power as a public servant or granted sanction by corrupt or illegal means. In all the four Criminal Revisions of the applicants the charges are the same but the sanction granted to different persons. The learned Court below, after considering the submissions of the applicant, dismissed their prayer.