SANJEEV MEHROTRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present C482 application, applicant-Sanjeev Mehrotra has put to challenge the judgment and order dtd. 4/9/2019, passed by learned Sessions Judge, Nainital in Special Sessions Trial No.1 of 2012, State vs. Sanjeev Mehrotra under Ss. 7, 13(1), 13(2) of the Prevention of Corruption Act, 1988, (for short 'the Act, 1988), whereby the application Paper No.179b moved by the applicant under Sec. 243/233 Cr.P.C. was rejected.

(2.) The facts of the case shorn-off unnecessary details are that the applicant is facing trial under Ss. 7, 13(1), 13(2) of the Act, 1988 before the learned Special Judge (P.C. Act), Kumaon Division, Uttarakhand at Nainital. After examination of the prosecution witnesses and recording of the statements under Sec. 113 Cr.P.C., an application Paper No.179b purportedly under Sec. 243/233 Cr.P.C. was moved by the applicant requesting learned trial court to summon the XI (eleven) witnesses as defence witness in his favour. In para 7 of the said application, the name of the witnesses are mentioned, which is quoted below:-

(3.) The applicant stated in the said application that he was falsely implicated as applicant had taken stern action against the complainant and had issued letters dtd. 14/5/2012, 19/5/2012 and 24/5/2012 to the complainant for demolition/removal of the illegal construction made by the complainant. It is further stated in the said application, that even the Chairman of Nagar Palika Parishad, Kelakhera had written letter dtd. 19/5/2012 to the Police Chowki-Kelakhera, Police Station Bazpur, District Udham Singh Nagar for providing police force to stop illegal construction made by the complainant.