P.MANJUNATH Vs. STATE BY KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question registration of crime in Crime No.3 of 2022 for offence punishable under Sec. 7(a) of the Prevention of Corruption Act, 1988 ('the Act' for short).

(2.) Brief facts that lead the petitioner to this Court in the subject petition, as borne out from the pleadings, are as follows:-

(3.) In furtherance of registration of the crime, it appears that a pre-trap panchanama was prepared by the ACB and a sum of Rs.4,000.00 was handed over to the complainant with instructions to hand over the same to the petitioner on demand. On 2/3/2022, the ACB seeks to lay the trap as intended on the petitioner, which was unsuccessful as the petitioner was not present in the office. The trap gets postponed indefinitely. After a lapse of two months of registration of mortgage deed, an entrustment mahazar was prepared on 20/4/2022, to lay a trap against the petitioner. It is then, the trap takes place on 20/4/2022 and Rs.4,000.00 was found on the table of the petitioner. The petitioner was not caught of accepting alleged illegal gratification. Based on the said trap, further proceedings are sought to be continued for offences punishable under Sec. 7(a) of the Act. It is challenging the said proceedings, the petitioner knocks the doors of this Court in the subject petition. This Court by an order dtd. 26/5/2022 had only issued notice and after hearing the learned counsel for respondent No.1/then ACB had passed a detailed interim order interdicting the proceedings in terms of its order dtd. 2/9/2022. Therefore, further proceedings are not conducted in the case at hand.