Criminal Appeal No. 216, 217 of 2017, (arising out of SLP(Crl.) No. 3996, 3998 of 2011). Case: State of Rajasthan Vs Fatehkaran Mehdu. Supreme Court (India)
| Case Number | Criminal Appeal No. 216, 217 of 2017, (arising out of SLP(Crl.) No. 3996, 3998 of 2011) |
| Judges | Ranjan Gogoi and Ashok Bhushan, JJ. |
| Issue | Prevention of Corruption Act, 1988 - Sections 13(1)(d), 13(2); Indian Penal Code - Section 120B; Criminal Procedure Code - Section 397; Rajasthan Minor Mineral Concession Rules, 1986 |
| Judgement Date | February 03, 2017 |
| Court | Supreme Court (India) |
Judgment:
Ashok Bhushan, J.
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Leave granted.
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These two appeals have been filed against the common judgment dated 16.11.2010 of the High Court of Judicature for Rajasthan at Jodhpur allowing S.B. Criminal Revision Petition No. 592/2009 Fatehkaran Mehdu versus State of Rajasthan and S.B. Criminal Revision Petition No. 598/2009 Kishan Singh Rawat versus State of Rajasthan. The High Court vide its order, allowing the Criminal Revisions, set aside the order dated 05.05.2009 passed by the Special Judge Anti Corruption Cases, Udaipur, framing charges against both the respondents under Section 13(1)(d) & 13(2) of the Prevention of Corruption Act, 1988 read with Section 120B of IPC.
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The brief facts of the case, as emerged from materials on record, need to be noted for deciding the issueS raised in these appeals. Both the appeals having arisen out of First Information Report No. 342/2001 and order dated 05.05.2009 framing charges, the facts being common, it shall be sufficient to refer the facts from Criminal Appeal No.......of 2017 @ SLP(Cr.) No. 3998 of 2011, State of Rajasthan versus Fatehkaran Mehdu.
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The Respondent, Fatehkaran Mehdu was working as Mining Engineer at Tehsil Bijolia, District Bhilwara, State of Rajasthan in the year 199798. One Smt. Sushma Devi had submitted an application for the grant of quarry licence for a mineral (Sand Stone) as per the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter referred to as Rule 1986). The application was made for grant of quarry licence for Khatedari land situated at Nayanagar in different plots, including Plot No. 1181/124. She deposited a banker's cheque of Rs. 1,75,000/dated 23.4.1998 and the quarry licence for 4.95 hectare (30 bigha and 12 biswas) was prepared in the name of Smt. Sushma Devi Dhakad and Shri Manoj Kumar Sandhya on 06.05.1998. On noticing that the quarry licence issued on 06.05.1998 contained various cuttings, she contacted Fatehkaran Mehdu and handed him the licence for issue of fresh licence. Shri Mehdu after taking all papers from Smt. Sushma Devi did not issue her a fresh licence, whereas, Smt. Sushma Devi had started mining operations. On 18.07.1998 one Shri K. K. Boda, inspected the area and stopped the mining activities informing Smt. Sushma Devi that no quarry licence was issued in her favour. On 11.08.1998, Mining Engineer Fatehkaran Mehdu directed Smt. Sushma Devi to stop the mining activities; Fatehkaran Mehdu was transferred in August 1998 out of Tehsil Bigolia.
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Aggrieved by nonissuance of quarry licence Sushma Devi filed a Writ Petition No. 166 of 1999 before the High Court of Rajasthan which was dismissed by order dated 08.03.1999 due to availability of alternate remedy of filing an appeal under the Rules 1986. Smt. Sushma Devi filed an appeal before the Appellate Authority and Appellate Authority vide order dated 29.04.1999 allowed the appeal and restored the quarry licence of Smt. Sushma Devi.
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On the other hand, Sri Kishan Singh Rawat, the respondent was also granted quarry licence on gapland in Block No. 263A and 264A which contained a condition that the said approval shall not be effective outside Plot No. 1345/1185/124. Plot No. 1185/124 was situated towards South of Plot No. 1181/124, which was included in the quarry licence of Smt. Sushma Devi.
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Kishan Singh Rawat alongwith certain other persons had filed a suit against the consenting party of Khatedari Land No. 1238/125 on 23.06.1998 for stopping Sushma Devi from carrying on mining operations. Another suit No. 1181/24 was filed on 13.7.1998 by Kishan Singh against the Khatedars of Plot No. 1181/124 restraining them from interfering in mining operation on Plot No. 1345/1185/124 area 3 bigha.
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After holding a Preliminary Enquiry No. 7 of 2000 against Fatehkaran Mehdu, Deputy Superintendent of Police, Prevention of Corruption Bureau of Udaipur, lodged a First Information Report against the Fatehkaran Mehdu and Kishan Singh Rawat under Section 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 and Section 120B of IPC.
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After conducting the investigation, a chargesheet No. 208/2005 dated 24.10.2005 was submitted. The Special Judge, Prevention of Corruption Act, Udaipur vide order dated 05.05.2009 framed charges against both the Respondents under Section 13(1) (d) read with Section 13(2) of Prevention of Corruption Act, 1988 and 120B IPC. Aggrieved by order dated 05.05.2009, Fatehkaran Mehdu filed S.B. Criminal Revision Petition No. 592 of 2009 and Kishan Singh Rawat filed S.B. Criminal Revision Petition No. 598 of 2009. The High Court of Rajasthan vide its judgment and order dated 16.11.2010 set aside the order dated 05.05.2009 allowing the Revision against which these two appeals have been filed by the State of Rajasthan.
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We have heard learned counsel for the parties and perused the records. Learned counsel for the appellant submits that there were sufficient materials on record against the respondent, relying on which learned Special Judge has framed the charges and the High Court committed an error by interfering with the charges framed, in exercise of revisional jurisdiction. It is submitted that there was no ground made out for exercise of revisional jurisdiction under Section 397 Cr.P.C. for quashing the charges framed. It was proved on the materials on record that the Respondent Mehdu had facilitated Shri Kishan Singh Rawat to carry on illegal mining by which, he obtained illegal benefits to the detriment of State of Rajasthan as well as Smt. Sushma Devi. The quarry licence granted to Sushma Devi was cancelled by Mehdu to facilitate Kishan Singh Rawat to carry on illegal mining on the plot, which was included in the quarry licence of Sushma Devi. Shri Mehdu being a public servant has committed an offence under Section 13(1)(d) read with Section 13(2).
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Learned counsel for the Respondent, refuting the submission of appellant contends that the High Court on valid grounds has set aside the order framing the charge, since there was no allegation before the Special Judge on which, it can be said that any offence under Section 13(1)(d) read with 13(2) and 120B was made out. The allegation against Shri Mehdu that he has granted quarry licence of 80,000 Sq. ft. to Kishan Singh Rawat, was factually incorrect since Kishan Singh Rawat was sanctioned quarry licence of only...
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