STATE OF KARNATAKA Vs. C NAGARAJASWAMY

JUDGEMENT

(1.) Interpretation of Section 300 of the Code of Criminal Procedure (for short "the Code") is in question in these appeals which arise out of judgments and orders dated 9-1-2002 and 10-4-2002 in Criminal Petition Nos. 330 of 2000 and 4007 of 2001 respectively passed by the High Court of Karnataka at Bangalore.

(2.) We will notice the fact of both the appeals separately. Criminal Appeal No. 1279 of 2002

(3.) The Respondent herein was working as a Junior Telecom Officer in Shankarapuram Telecom Exchange. One R. Veera Prathap made a complaint that he had demanded an illegal gratification for showing official favour whereupon a case in Crime No. R.C. 34A/1994 was registered. A charge sheet was filed therein and the Special Judge for CBI cases, Bangalore by an order dated 16-7-1999 took cognizance of an offence under Section 7 of the Prevention of Corruption Act, 1988 (for short "the Act"). In the trial, 12 witnesses were examined. The statement of Respondent under Section 313 of the Code was also recorded.