Rajendra Kumar (Verma), J
Heard on I.A. No.12569/2023, an application for urgent hearing during summer vacation.
For the reasons stated in the application, the IA is allowed.
Also heard on admission as well as I.A. No.12568/2023, application for grant of stay.
Learned counsel for the petitioners submits that FIR has been registered without taking sanction under Section 17-A of the Prevention of Corruption Act 1988 (for brevity '1988 Act'). It is also submitted that Section 10 of Madhya Pradesh Lokayukt Adhiniyam 1981 (for brevity '1981 Act') provides for procedure in respect of each enquiry. It provides that the Lokayukt or Up-Lokayukt while deciding the procedure to be followed for making enquiry shall ensure that the principles of natural justice are satisfied. It is also submitted that during enquiry, no opportunity of hearing was given to petitioners and FIR was registered. It is also submitted that no sanction has been granted under Section 17-A of 1988 Act and FIR was registered and investigation has been started. Learned counsel for the petitioners has drawn attention of this Court on the Circular No.F 15-01/2020/1-10 dated 05.05.2022 issued by Madhya Pradesh Government and also Circular No.428/07/2021-A VD.IV(B) dated 03.09.2021 issued by Government of India, Ministry of Personnel, Public Grievances and
Pensions (Department of Personnel and Training) to bolster his submission. Learned counsel for the petitioners submits that proceedings arising out of FIR bearing Crime No.0088/2023 registered at Special Police Establishment, Lokayukt, Jabalpur may be stayed.
The prayer is opposed by learned counsel for the respondent.
After due consideration, proceedings arising out of FIR bearing Crime No.0088/2023 registered at Special Police Establishment, Lokayukt, Jabalpur is stayed. No coercive action shall be taken against the petitioners.
Office is directed to reflect the name of Shri Satyam Agrawal, Advocate for the respondent in the cause list.
List after summer vacation.
