SURESH KUMAR POKHARIYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) MR . Sandeep Tandon, Advocate for the petitioner. Mr. B.S. Parihar, Brief Holder for the State. With the consent of the learned counsel for the parties, this petition is being taken up today for final disposal at the motion hearing stage without it being formally admitted for hearing.

(2.) THIS petition u/s 482 Cr.P.C. has been filed for setting aside the impugned cognizance order dated 08/10/2007 passed by the learned Sessions Judge/Special Judge, Dehradun in S.S.T. no. 86 of 2007, State Vs. Suresh Kumar Pokhariyal & other u/s 7 of the Prevention of Corruption Act, 1988 and also quashing the chargesheet dated 23/09/2007.

(3.) LEARNED counsel for the petitioner contended that the Investigating Officer himself has admitted in the chargesheet that though no witnesses of the fact that illegal money on demand of the accused was given by any one to give them to undue advantage; he further admitted that though it is a weak case even then, he is submitting the chargesheet before the court concerned; the prosecution has not collected any evidence to the fact that thirty rupees which were recovered from the spot was an illegal gratification & was ever demanded from any of the person or it was received as a gratification in addition to their official remuneration or it was demanded for doing an act for which the person who gave the money were not entitled; the prosecution has not proved the demand and receiving of the illegal gratification, as such, the prosecution is an abuse of the process of law and as such the prosecution should be quashed. The Provision of Section 7 of the Prevention of Corruption Act reads thus: -