New Delhi: “We know elections are coming,” the Supreme Court on Thursday told a Congress leader who has filed complaint against Madhya Pradesh Chief Minister Shivraj Singh Chouhan for his alleged role in the purchase of heavy vehicles.
The top court made the observation while dismissing a petition of Madhya Pradesh Congress Spokesperson K K Mishra challenging a high court order dismissing his complaint against Chauhan.
“We know elections are coming. You go and contest the elections. Sorry, we are not inclined to entertain the petition. The petition is dismissed as withdrawn,” a bench of Justices A K Sikri and Ashok Bhushan said.
During the hearing, senior advocate Kapil Sibal, appearing for Mishra, said everything was covered in the apex court judgement and the magistrate should at least give him the opportunity to record his statement.
He said Mishra had filed a private complaint before the magistrate who had referred the matter to the the state’s anti-graft ombudsman Lokayukta.
“When you file a private complaint at the stage of section 203 of CrPC (dismissal of complaint after considering the statement on oath), the magistrate can very well apply his mind to it,” he said.
The bench said both the trial court and the high court have also dismissed his petition.
Sibal said the magistrate has not dismissed the complaint but referred it to the Lokayukta.
Senior advocate Mukul Rohatgi, appearing for Chauhan, said this was the second round of litigation after the first petition was dismissed.
The bench after perusing the records said that the magistrate had rejected the complaint as there was no prosecution sanction required for public servants. “Sorry, we are not inclined to entertain the petition”, it said.
Sibal then requested for permission to withdraw the petition.
The bench said “Okay, the petition is dismissed as withdrawn”.
Mishra had alleged that Chouhan’s wife had purchased four dumper vehicles in 2006 costing about Rs 2 crore each, despite having just Rs 2.3 lakh deposit in their bank account as shown in their election affidavit filed in April, 2006.
He claimed that the dumpers were allegedly bought in her name but were actually a gift from a corporate house.
The Congress leader had moved the apex court against Madhya Pradesh High Court order in January by which it had summarily dismissed his revision plea challenging the dismissal of his criminal complaint against Chauhan by trial court.
Mishra had said he should have been allowed to be examined on oath and place the evidence by the trial court.