P.R.PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) Crucial legal question arising for consideration is the following:

(2.) Shorn off unnecessary details, facts relevant for our purpose are the following: Petitioner, the accused in C.C.No.17 of 2006 before the court of Enquiry Commissioner and Special Judge, Thrissur, is called up to answer a charge under Section 7 of the Prevention of Corruption Act, 1988 (in short, "the Act of 1988"). Allegation against the petitioner is that while he was working as Special Tahsildar and Land Acquisition Officer, he demanded bribe from the complainant, whose land admeasuring about 19 acres was acquired for an industrial development scheme. It is the further contention that the complainant refused to budge to the demand for illegal gratification of Rs. 500/- per cent of land, and therefore the petitioner undervalued the property, causing great financial loss to the complainant. The complaint was forwarded to Police under Section 156(3) Cr.P.C. After conducting detailed investigation, the Investigating Officer found that the allegation was false and therefore, the complaint was referred. Thereafter Annexure-A complaint was filed.

(3.) Petitioner entered appearance before the court below on receipt of summons and he is on bail now. Complainant was examined as PW1 and Exts.P1 to P13 were marked. Subsequently, petitioner filed C.M.P.No.1757 of 2007 before the court below claiming discharge. That petition was considered and dismissed by the court below. Hence this petition under Section 482 of the Code of Criminal Procedure (for short, "Cr.P.C.").