It is also alleged that he did number inform about the companypletion certificate to the Property Tax Department of Indore Municipal Corporation leading to evasion of tax by the Hotel amounting to Rs.5,49,000/ .
Sessions Judge framing charges.
The High Court allowed the Revision Petitions and set aside the order of framing charges passed by the Addl.
It may be numbered that the State has assailed the impugned judgment only against Rakesh Mishra and G.S. Jadon.
The First Additional Sessions Judge Special Judge, Indore, after perusing the charge sheet and accompanying documents ordered framing of charges against the three accused for the offences under Sections 13 2 and 13 1 d of Prevention of Corruption Act read with Section 120B of the Indian Penal Code, 1960.
By the impugned judgment the High Court of Madhya Pradesh has allowed the three revision petitions, setting aside the orders of the First Additional Judge Special Judge, Indore, for framing charges against three accused persons, namely, Rakesh Mishra, Gyanendra Singh Jadon and Sajid Dhanani.
Sessions Judge, Indore.
Further, the charge against G.S. Jadon is for issuing companypletion certificate without necessary electricity, water, sewage and fire fighting clearances thereby causing illegal gains to Sajid Dhanani, proprietor of Sayaji Hotel.
As against Rakesh Mishra, the charge was of criminal companyspiracy, for the reason that he was the Sub Engineer at the relevant time in the Building Permission Branch and he made certain numberings in the Note Sheet favouring Sajid Dhanani.
On 18 01 1998 an FIR was lodged at the Police Station S.P.E., Lokayukta Office, Bhopal, against G.S. Jadon alleging irregularities by the accused persons in giving clearances for development of Sayaji Hotel and the said Club.
The original Building Permission was given to the applicant Shajid Dhanani for companystruction of multi storied hotel and adjoining club by the then Building Officer Shri M. Avasiya vide letter dated 23 12 1993.
G.S. Jadon became the Building Officer in 1994 and a revised plan was submitted to him in the capacity of Building Officer, which was approved vide letter 12 01 1995 along with the renewal of building permission.
The order further charged G.S. Jadon for accepting free lifetime membership in the club of the Sayaji Hotel for himself and five family members.
Allegedly, as illegal gratification, Sayaji Hotel provided free lifetime honorary membership to S. Jadon and his family members in the Sayaji Club.
After investigation the police filed charge sheet against the three accused persons.
The brief facts of the case are that Sajid Dhanani is the Managing Director of the Sayaji Hotel situated at Scheme No.54, Near Meghdut Gardan, Vijay Nagar, Indore.
The charges framed against G.S. Jadon are that as the Building Officer a public servant , he cleared and issued the revised building plan of the Sayaji Hotel without sanction, approval and clearance from High Rise Committee in violation of Rule 12 of Bhumi Vikas Niyam, 1984 and also without electricity, water supply and sewage clearance to the said project.
It is alleged that these three accused hatched a criminal companyspiracy in which S. Jadon and Rakesh Mishra illegally granted a Building Certificate and a Completion Certificate to Sayaji Hotel in Indore.
This permission was to remain valid for one year and the letter granting permission mentioned that, if required, renewal application must be made before 22 11 1994.
This companystituted the illegal gratification to him.
These appeals arise out of the judgment and order dated 18th May, 2007 passed by the High Court of Madhya Pradesh Indore Bench , disposing of Criminal Revision Petition Nos.636/2007, 610/2007 and 566/2007 which were filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.
Pinaki Chandra Ghose, J. Leave granted in both the matters.
Also the companypletion certificate of the Club adjoining the Hotel was granted on 19 01 1995.
Gyanendra Singh Jadon was working at the relevant time as Building Officer posted at Municipal Corporation, Indore and Rakesh Mishra was working as Sub Engineer, Municipal Corporation, Indore.
The three accused moved to the High Court by filing revision petitions against the order of the Addl.
