MR. H.D. ANANDA KUMAR, ACP, DEVANAHALLI SUB-DIVISION, PRESENTLY WORKING AS ASST. COMMR. OF POLICE Vs. LOKAYUKTA POLICE CITY DIVISION

JUDGEMENT

(1.) THOUGH this matter is listed for admission with consent it is taken up for final disposal. The petitioner in this petition has challenged the order dated 5.8.2013 passed in Special C.C. No. 132/2010 by the XXIII Addl. Civil and Sessions Judge, Bangalore City dismissing his application filed u/s. 227 of Cr.P.C. seeking for his discharge.

(2.) THE petitioner/accused has been sent -up for taking his trial for the offences punishable under Sections 7, 13(1)(d) r/w. Section 13(2) of Prevention of Corruption Act, 1988.

(3.) WHEN the case was set down for hearing before charge before the learned Special Judge, the petitioner herein filed an application under Section 227 of Cr.P.C. and sought for his discharge. It was contended that money is not recovered from the possession of the accused. There was no case pending in the office of the accused to show any official favour to the complainant. He had not made any demand from the complainant. There is nothing to show that the accused on the relevant date had demanded bribe and had accepted by himself. The case that was registered is on the basis of the complaint filed by the complainant and was being investigated by the Sub -Inspector and the Circle Inspector of Police Chikkajala police station. The accused has no nexus with the said case as the said case has been registered on being referred by the Jurisdictional Magistrate for investigation and report. He further contended CW5 who has received money on his behalf has not been made as accused in the case instead he has been cited as witness in the charge -sheet. It was further contended the trial Judge without appreciating these material on record has come to an erroneous conclusion that there are no sufficient grounds to proceed against him. Therefore, the order dismissing his application cannot be sustained, it be set aside and he be discharged by allowing his application filed before the Trial Judge. In support of his submission the learned counsel relied upon the decision in the case of P.S. Rajya v. State of Bihar reported in : 1996 SCC (Crl.) 897