MP High Court Calls For Disciplinary Inquiry Against Sessions Judge For Unduly Dropping Charges Against Govt Employee In Corruption Case

The Madhya Pradesh High Court has called for inquiry and disciplinary action against a Sessions Judge for dropping charges invoked against a government employee— computer operator working in the land acquisition office, accused of embezzling ₹5 crores of public money. Justice Rajesh Kumar Gupta observed that the Sessions Judge had discharged the accused from offences under Sections 420 (cheating), 409 (criminal breach of trust by public servants), 467 (forgery of valuable securities), 468 (forgery for cheating), 471 (using forged documents as genuine), 120B (criminal conspiracy), 107 (abetment of offence) of IPC and Section 13 (1)(A)(criminal misconduct by a public servant) of the Prevention of Corruption Act, without considering the facts of the case and to give him "undue advantage".The bench thus ordered,"A copy of this order be sent to the Principal Registrar (Vigilance), High Court of Madhya Pradesh, Principal Seat, Jabalpur and to put up the same before the Hon'ble Chief Justice, High Court of Madhya Pradesh seeking permission for conducting an inquiry and for taking disciplinary action against Ist Additional Sessions Judge (Shri Vivek Sharma), Shivpuri". The case stemmed from a large-scale misappropriation of government funds related to land acquisition payments in Shivpuri District. Roopsingh Parihar, the applicant in this case seeking bail, was employed as a computer operator in the government office to assist with the land acquisition cases. It is alleged that he diverted ₹5.10 crores to his personal accounts, based on forged and fabricated documents.His first bail application was dismissed on merits in August 2024 and his second bail plea was withdrawn in January this year. His third and fourth bail applications were allowed for a short interim relief of two days and 10 days, respectively. This application under Section 483 of BNSS was his fifth attempt to secure regular bail. The counsel appearing for the applicant contended that the case was not one of misappropriation of public money, but rather one of unequal and disproportionate distribution of compensation in lieu of land acquisition.Counsel appearing for the State, however, argued that the applicant had embezzled public funds by misusing the IDs. The State further informed the court that the applicant had set the revenue records on fire, for which a separate FIR was filed. The bench noted that the case involved embezzlement of ₹5 crores of public funds. The bench also noted the lack of any evidence to show "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".However, the bench noted that Sessions Judge, while ignoring the facts of the case, held that only a case under Section 406 of IPC was established against the applicant and that "no offence has been made out against the present applicant for offence under Sections 409, 420, 467, 468, 471 of IPC". "Therefore, it appears that Ist 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 observed. Thus, the bench forwarded the case to the Chief Justice seeking permission to conduct an inquiry and to take disciplinary action against the Ist Additional Sessions Judge. It also dismissed the applicant's bail plea.Case Title: Roop Singh Parihar v State of Madhya Pradesh (MCRC-27465-2025)Citation: 2025 LiveLaw (MP) 188For Applicant: Advocates Rabindra Kumar Mishra and Shivendra Singh RaghuvanshiFor State: Advocate Abhishek BhadoriyaClick here to read/download the Order

MP High Court Calls For Disciplinary Inquiry Against Sessions Judge For Unduly Dropping Charges Against Govt Employee In Corruption Case

Jayanti Pahwa

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