STATE OF KARNATAKA Vs. SOMASHEKHAR

JUDGEMENT

(1.) This appeal is filed challenging the order passed by the III Additional Sessions and Special Judge, Dharwad dated 03.08.2010 in Crl.Misc.No.83/2010 whereby the learned Special Judge has dropped the proceedings initiated against the respondent herein.

(2.) The facts are that, the accused was prosecuted for the offence punishable under Sections 7 and 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988 in KLA C.C.No.5/05 before the III Addl. District Sessions & Spl.Judge, Dharwad. The respondent herein lodged a complaint and on the basis of the complaint, a police constable was trapped by Lokayukta Police while alleged to have been receiving bribe. The Investigating Officer conducted a mahazar and subsequently after concluding the investigation submitted a charge sheet against the accused. The charges were framed against the accused for the offences punishable under Sections 7 and 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988. The trial took place and during the course of trial, the present respondent herein who was complainant was examined as P.W.6. He has turned hostile and deposed against the complaint averments. Hence, by appreciating the evidence, the learned Special Judge acquitted the accused therein of the charges leveled against him, but simultaneously passed an order to register a separate criminal case against P.W.6- Somashekhar, i.e., the present respondent herein with a direction to issue a show-cause notice calling upon him to show cause as to why complaint shall not be filed against him under Section 340 of Cr.P.C. r/w Section 195(b) of Cr.P.C. for having committed the offence punishable under Section 193 of IPC.

(3.) In pursuance of the said order, Crl.Misc.No.83/2010 was registered against the present respondent herein, who was complainant/P.W.6. He has appeared through his counsel and submitted his objections. Thereafter, the matter was posted for evidence of the respondent and on 03.08.2010, the learned Special Judge by a non-speaking order has accepted the explanation and dropped the proceedings. This order is being challenged in this appeal by State-Lokayukta under Section 341 of Cr.P.C.