STATE OF MADHYA PRADESH Vs. ALPANARAYAN

JUDGEMENT

(1.) THIS criminal revision is directed against the order dated 7-5-1993 passed by Special Judge, Raipur, in Special Criminal Case No. 33/1992 discharging the respondents from the offence punishable under Sections 7, 10 and 12 of the Prevention of Corruption Act, 1988 (for short "the Act") read with Section 116/34 of the Indian Penal Code.

(2.) THE order is challenged on the ground that the respondents are public servants and they have tried to give bribe to the Member of Legislative Assembly who was also a public servant and their act squarely falls within the meaning of an attempt to give bribe to a public servant which is punishable under Sections 7, 10 and 12 of the Act read with Section 116/34 of the Indian Penal Code, but the Special Judge has committed an illegality by not framing the charge against them in spite of the sufficient material collected by the prosecution to this effect.

(3.) AFTER hearing Counsel for the parties learned Special Judge, Raipur discharged the accused/respondents by the order impugned.