SHIV PUJAN MISRA Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application under section 561 -A, Criminal Procedure Code by one Sri Shiv Pujan Misra who is being tried before the learned Special Judge, Anti Corruption, Lucknow, for an offence under Section 161 I. P. C. read with Section 5 (2) of the Prevention of Corruption Act (Act No. 11 of 1947). It is prayed that the prosecution be quashed as it is illegal and it amounts to an abuse of the process of the Court.

(2.) THE case started against the appellant on a charge -sheet which was filed by the Special Police Establishment, Delhi, on the 28th of January, 1959. On a consideration of the documentary evidence produced before him, the learned Special Judge framed a charge against the applicant on the 22nd September, 1959, and adjourned the case for recording the prosecution evidence on the 19th November, 1959. On the 19th November, 1959 the applicant presented an application alleging that the case had been investigated by Inspector Sri Abdul Rahman Khan without legal authority, hence the applicant's prosecution which was based on such defective and unauthorised investigation was bad in law and the case could not proceed against him. The applicant, therefore, prayed that the proceedings against him be quashed. The learned Judge overruled this objection by his order dated the 16th January, 1960. Hence the present application.

(3.) FOR a correct decision of the question posed above it is necessary to consider in brief the circumstances under which the prosecution had started against the applicant. The applicant was posted as a clerk in the office of the Chief Engineer, N. F. Railway, Gorakhpur. On the 13th October, 1958, Sri Ram Autar Singh, Assistant Vigilance Officer, N. E. Railway, Gorakhpur, informed the S. P., S. P. E. Lucknow that the applicant was demanding a bribe of Rs. 400/ - from one Ram Adhar Carpenter for securing him a job in the Loco Workshop, N. E. Railway, Gorakhpur. The S. P., S. P. E. Lucknow Sri Arjun Singh, deputed Sri Abdul Rahman Khan, one of his inspectors, to go to Gorakhpur and explore the matter. Sri Khan reached Gorakhpur on the 18th April, 1958, and after meeting Shri Ram Autar Singh, contacted Ram Adhar carpenter on the 19th April, 1958. Ram Adhar gave Sri Khan a complaint in writing stating that the applicant was demanding Rs. 400/ - from him for getting him appointed to the job for which he had applied, and as he (Ram Adhar) had expressed his inability to pay Rs. 400/ -in a lump sum, the applicant had agreed to receive this amount in small instalments. The first instalment of Rs. 40/ - was settled to be paid by Ram Adhar to the applicant on the 19th April, 1958. Sri Khan, therefore, arranged for a trap and it is alleged that Rs. 40/ - in currency notes which was the bribe money given by Ram Adhar to the applicant was actually recovered from the applicant in the presence of independent witnesses. Sri Abdul Rahman Khan prepared a raid report and on its basis a first information report was registered on the 20th April, 1958, with the S. P. E. Lucknow. As required by section 5 A of the Prevention of Corruption Act, Sri Abdul Rahman Khan applied for permission to investigate the case and it was granted by the learned Additional District Magistrate (J), Lucknow, on the 8th May, 1958. After completing the investigation Sri Khan filed a charge -sheet against the applicant as stated above on the 28th of January, 1959.