STATE OF ANDHRA PRADESH Vs. P V NARAYANA

JUDGEMENT

(1.) This appeal is by certificate granted by the Andhra Pradesh High Court against its judgment allowing the appeal of the respondent and quashing the proceedings against him. He had been convicted by the learned Special Judge for SPE cases, Secunderabad, under Sec. 161, Indian Penal Code and Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act, 1947 and sentenced to various terms of imprisonment.

(2.) The facts of the case and the points raised before us are as follows:

(3.) The respondent was working as Head Train Examiner and was posted at Waltair in the South Eastern Railway. It was alleged that on 14th July, 1964, the respondent demanded and accepted an amount of Rs. 5/- as gratification, other than legal remuneration, from P. W. 1 who too was a railway employee, as a motive or reward for having attested on 1-7-1964 an Urban Bank Pay Order dated 20-6-1964 for Rs. 265.80np. drawn in favour of P. W. 1 and for having posted him for duty at the Waltair Goods Yards. It appears that page No. W. 1 approached the Inspector of the Special Police Establishment and informed him that the respondent was harassing him for a payment of bribe of Rs. 5/-. The Inspector made confidential enquiries and learnt that the respondent was indulging in corrupt practices and that there was truth in the complaint made by P. W. 1. On 13-7-64 he presented the requisition Ex. P-14 before the Ist Class Magistrate, Visakhkapatnam, requesting him to authorise the Inspector to investigate the case. After stating the facts briefly in this requisition he said, "As the Superintendent of Police, S. P. E., is engaged in administrative matters and supervising investigations at Hyderabad and the other two Deputy Superintendents of Police are also engaged in the investigation of important cases and other enquiries and as it is not possible to secure their presence in the near future at Waltair to investigate into said complaint of Sri Appanna, I request that I may be permitted under Section 5-A of the Prevention of Corruption Act (Act 2 of 1947) and Section 155 (2) , Criminal Procedure Code to investigate the allegations and to lay a trap". On the same day the District Munsif-cum-First Class Magistrate, Visakhkapatnam, passed the following order: