The Madhya Pradesh High Court has recommended an inquiry against a judicial officer after serious charges that had been brought against a person accused of embezzlement were dropped “without considering the facts of the case”.
Justice Rajesh Kumar Gupta said that Additional Sessions Judge Vivek Sharma appeared to have dropped the charges to ensure that the accused gets the benefit of bail.
A copy of the order will now be sent to the Chief Justice of the High Court, “seeking permission for conducting an inquiry and for taking disciplinary action against 1st Additional Sessions Judge (Shri Vivek Sharma), Shivpuri, who had discharged the present applicant from the offences,” the order said.
The High Court said, “…It appears that 1st Additional Sessions Judge has ulterior motive in holding charge under Section 406 of IPC only against the applicant to give undue advantage to him by which applicant can avail the benefit of bail.”
The court passed the directions after hearing a bail plea by Roop Singh Parihar, a computer operator at the office of the Land Acquisition Officer.
The case was registered last year, alleging irregularities in the transfer of over Rs 25 lakh to eight persons, including Parihar and his wife, in a land acquisition matter. Parihar was accused of forging the Collector’s order.
The High Court observed that a thorough investigation was going on and that many perpetrators were yet to be identified.
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“It is also evident that not a single evidence or supporting document has been appended herein showing that the land of the present applicant was acquired by any public/governmental authority, for which he is claiming to have received the aforesaid huge sum of money,” the court observed.
It further said that the Additional District and Sessions Judge had erred in discharging the accused of most of the charges.
“Chargesheet was filed against the present applicant and other co-accused before the 1st Additional District and Sessions Judge Shivpuri, whereas investigation is pending under Section 173 (8) of CrPC and 1st Additional District and Sessions Judge, Shivpuri, while ignoring the said fact, has held that only Section 406 of IPC is made out against the applicant and case was referred to the Court of Chief Judicial Magistrate for trial. 1st Additional District and Sessions Judge Shivpuri also erred in holding that no offence has been made out against the present applicant for offence under Sections 409, 420, 467, 468, 471 of IPC,” the High Court said.
