M GIRIJESH Vs. STATE OF KARNATAKA LOKAYUKTA POLICE TUMKUR, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560001

JUDGEMENT

(1.) THE petitioner has challenged the rejection of application filed under Section 239 of CR.P.C. arid framing of charge.

(2.) THE facts - reveals that Lokayukta police charge sheeted the petitioner under section 239 of Cr.P.C alleging that the petitioner who was working as an Inspector, Legal Metrology and on 18.03.2005 the complainant has approached the petitioner for repair of the weight and measurement instrument belonging to Bharath Scale Service and a sum of Rs. 2,148/ - was the bill amount. The petitioner has demanded a sum of Rs. 1,075/ - i.e. 50% of the bill amount as bribe money and it is in these circumstances a complaint came to registered against the petitioner hereunder for the offences punishable under Section. 7, 13(1)(d) of Prevention of Corruption Act. After the investigation, charge sheet has been filed. The matter was potted on 23.09,2011 and at; the first instance, accused no. 1 was absent. The application for exemption was granted. The counsel for accused tin. 2 made a submission that the charge may be framed, Thereafter at 16:45 p.m. when the matter was again called, the counsel for the first accused also made a submission to frame the charge. It is in these circumstances that the matter was adjourned to 25.07,11 and 02.11.2011 for framing of charge.

(3.) I have heard the learned counsel for the petitioner and also learned counsel for the respondent.