In January, MP High Court dismissed K.K. Mishra’s revision plea challenging dismissal of criminal complaint against CM.
New Delhi: Madhya Pradesh Congress spokesman K.K. Mishra has moved the Supreme Court challenging a high court order pertaining to a criminal complaint against chief minister Shivraj Singh Chouhan for his alleged role in what is called a “dumper scam”.
The Madhya Pradesh High Court in January this year had dismissed Mishra’s revision plea challenging the dismissal of the complaint against Chauhan.
“In view of the foregoing decisions, we find no merit and substance in this petition. Being devoid of any merit, case stands dismissed summarily,” the HC observed.
Mishra has now challenged the high court order on the grounds that sanction under section 19(1) of Prevention of Corruption (PC) Act arises at the time of cognisance and not at the time when the complainant is being examined upon oath and presents the evidence before the competent court under section 200 of CrPC.
Mishra has also raised a question of law that requires deliberation from the top court — can a court dismiss a plea, at a stage where the magistrate is merely gathering facts, at the behest of a complaint filed by a private individual?
“…The complainant ought to have been examined upon oath under section 200 by the competent court and should have been given an opportunity to place evidence on record. Only thereafter the issue of sanction would have arisen at the time of cognisance being taken by the competent court,” Mishra said in his plea.
Representing Mishra, advocate Vaibhav Srivastava said: “Mishra was ready to depose before the court and present all documentary evidence he had against the accused.”
“However, no one can file a private complaint case under CrPC against any public official if the HC order is taken to logical conclusion. The issue of sanction arises at cognisance stage by the trial court, not at the time when the private complaint is presented,” Srivastava added.
He argued the trial court should have examined the complainant under oath and perused through the documentary evidence at least. “Thereafter the issue of cognisance would have arisen,” he added.
The ‘dumper scam’
Mishra alleges that in his election affidavit dated 4 April, 2006, Chouhan disclosed assets and liabilities belonging to him and his wife Sadhana. A month later, Chouhan’s wife purchased four heavy vehicles (tipper) despite having insufficient funds.
The dumpers were allegedly bought in Sadhana’s name and her husband’s name was shown as S.R. Singh — a resident of J.P. Nagar Plant, Rewa. Mishra alleges that the husband’s name was misleading and the address false.
The Congress leader also claimed that according to the declaration, the Chouhans had Rs 2.3 lakh in their bank accounts which was insufficient to purchase the heavy vehicles amounting to approximately Rs 2 crore.
Mishra then alleged that the dumpers were, in fact, a gift from mining giant Jaypee Associates in lieu of mining rights in the state. These transactions, Mishra added, were done at the loss of public exchequer.
Lokayukta probe inconclusive
In 2007, the state Lokayukta had taken cognisance of the complaint and initiated an investigation. A case was registered against Singh, his wife and others under various sections of the PC Act, and IPC including cheating. However, three years later, it filed a closure report suggesting no offence was made out.