SURESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this revision is the impugned judgement and order dated 18.8.1994 passed by Sri D. P. Singh, III Additional Sessions Judge, Bareilly in Special Case No. 7 of 1993 (State of U. P. Versus Suresh Kumar) under Sections 7 and 13 (2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, Police Station Sheeshgarh, District Bareilly rejecting the prayer for discharge of the revisionist vide application dated 8.5.1994.

(2.) The revisionist was Incharge Medical Officer, Primary Health Centre, Sheeshgarh, District Bareilly on the date of the incident i. e. 3.6.1991. He had been apprehended while accepting bribe by laying trap as reenacted in the Prevention of Corruption Act, 1988 (hereinafter referred to as "Act"). F. I. R. was registered against him under Sections 7/13 (2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 on 3.6.1991 at Police Station Sheeshgarh, District Bareilly. The trap was laid by Inspector R. P. Mishra of Vigilance Department and investigation was carried out by the Investigating Officer, Tejpal while charge sheet was submitted after investigation by Inspector Mohd. Vakil against the revisionist under the aforementioned sections. Later on charges were framed against the revisionist under Sections 7/13 (2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. Feeling aggrieved, the revisionist moved an application for discharge which was dismissed by the trial court vide order dated 18.8.1994, hence this revision.

(3.) Learned counsel appearing on behalf of the revisionist has submitted that entire criminal proceedings under the Act against the revisionist is vitiated and deserves to be quashed inter alias on the following grounds: