Indore: The First Additional Sessions Judge and judge of Special Court, on Tuesday denied issuing orders under Section 156 ( 3) and declined to prosecute Mayor Krishna Murari Moghe and others under Section 200 and 202, in the matter of Swadeshi Mill land.
Former minister and senior Congress leader Suresh Seth filed an application with the court accompanied by sworn affidavits and other documentary evidence against Moghe and several others and prayed for registering case and investigation against them under Section 13 ( a) of Prevention of Corruption Act, and Sections 420, 467, 468, 471 and 120- B of IPC. Special Judge Rajeev Kumar Shrivastava observed that although a magistrate can order registering of case and investigation under Section 156 ( 3) without going into merits of application, it is desirable that the application and documents be scrutinised thoroughly rather than issuing an order automatically.
The court further observed that such practice may impinge upon personal freedom of the defendants and tarnish their image and therefore it is desirable to seek permission from the State Government for prosecution under Sections 200 and 202 instead of Section 153 ( 3). In his application Seth stated that 15.32 acre land was leased to Swadeshi Mills during Holkar Rule for 99 years and IMC is the title holder of the land.
However, National Textile Corporation, of which Swadeshi Mills was a part, sold the land to Sofia Estate Limited in 2007 for Rs 965100000. The then district collector permitted the sale and the then tehsildar allowed the execution of title deed in favour of Sofia Estate. When matte came to light Mayor and his MiC proposed legal action against the guilty but took no action and thus became co- conspirators in the matter.