SHIVANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner - accused No.2, who is sought to be prosecuted for the offence punishable under Sec. 7(a) of Prevention of Corruption Act,1988, is before this Court.

(2.) Heard the learned counsel for the petitioner - accused No.2 and the learned Special Public Prosecutor for the respondent No.1 - State.

(3.) The case of the prosecution is that, the complainant had constructed first floor without permission, and he had submitted an application with the Chadachana Panchayat for granting no objection certificate for obtaining electric connection. The accused No.1 is working as Computer Operator. The accused No.1 informed that, the permission was not granted to construct ground floor, and the complainant has constructed the first floor illegally, and as such, no objection certificate for obtaining electricity connection to the first floor cannot be granted. Further, the accused No.1 stated that, the complainant has to pay penalty of Rs.20,000.00 towards construction of first floor illegally, however, the accused No.1 has not given any receipt acknowledging the receipt of Rs.20,000.00 towards penalty. He further alleged that, the complainant submitted an application for permitting him to construct first floor, and paid a sum of Rs.6,915.00 towards fees. However, the accused No.1 demanded gratification of Rs.7,000.00 for granting permission to construct the first floor.