ASHOK KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Ranjit Saxena, learned counsel for revisionist and learned A.G.A. for the State.

(2.) THE revisionist assails the correctness/ propriety of the order dated 15.05.2012, rejecting an application under Section 245(2) Cr.P.C.

(3.) A criminal complaint was lodged by O.P. No.2/ Gyanendra Kumar under Section 7 of the Prevention of Corruption Act, 1988 (short 'the P.C. Act) against the revisionist on the allegation that the complainant is the owner of Vimal Ice Factory with a commercial load of 100 KVA (HV -II category) and a sanctioned load 11 KVA for industrial use; the revisionist, a Superintending Engineer, under his oral orders on 16.01.2009 directed for removal of the aforesaid power connection from the industrial feeder, to be connected with the old feeder line at Khurja Junction; the complainant is alleged to have metthe revisionist on 17.01.2009 with a request not to re -locate the power connection from the industrial feeder, upon which revisionist under his oral dictates directed for restoration of power connection with the industrial feeder and also directed the complainant to meet him; the complainant is alleged to have submitted an application to the official concerned on 21.01.2009 and also met the revisionist in his office, who is alleged to have said that in case, he is interested in maintaining his power connection with the industrial feeder, he must arrange for Rs.70,000/ - else power connection would be snapped from the industrial feeder and will be connected with the old line at Khurja Junction feeder, for which complainant will have to bear an expenditure of Rs.1,50,000/ -. It was further alleged that the complainant met the said Superintending Engineer along with his brothers Yadvendra Singh, Suman Kumar and Jairaj Singh, who is alleged to have threatened in their presence that in case, demand of Rs.70,000/ - is not met, power connection would be snapped from the industrial feeder. As the complainant could not meet the illegal demand of revisionist, officials of the power corporation disconnected the power supply on 02.02.2009 from the industrial feeder, and connected the same with the old feeder line at Khurja Junction. The complainant examined himself under Section 200 Cr.P.C. and also examined Suman Kumar and Yadvendra Singh under Section 202 Cr.P.C. and submitted relevant documents. The Trial Court after taking into consideration aforesaid materials found prima facie case, against the revisionist and directed for his summoning on 04.02.2010, but refused to issue summons on the ground of absence of sanction of prosecution.