PANNA LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision is directed against the order dated 17.7.2009 passed by Special Judge (Prevention of Corruption Act) Varanasi in Special Trial No. 6/2003 (State Vs. Panna Lal) under Sections 7/13 (2) and 13 (1) (Prevention of Corruption Act) 1988 ( in short Corruption Act) in Case Crime No. 240 of 2001, P.S. Sadat, district Ghazipur whereby the application under Section 321 Cr.P.C. moved by Assistant District Government Counsel (Criminal) on behalf of State for withdrawal of criminal prosecution pursuant to the Government Order No. 639/VII-Nyay-5-2008-290 WC/2007 dated 25.2.2009 has been rejected by the court.

(2.) Factual matrix of the case is that one Ganesh Yadav wanted to obtain loan of Rs.25,000/- from Regional Gramin Bank, branch Modhiya, Ghazipur in a scheme. The revisionist/accused Panna Lal was a Branch Manager of that bank. He negotiated a bribe of Rs.1,000/- (One Thousand Only) for advancing the loan of Rs. 25,000/-. Complainant made a complaint to the Superintendent of Police (Vigilance) Varanasi Sector who laid a trap. Revisionist was caught redhanded on 22.10.2001 during the delivery of bribe money. Pursuant to the investigation and sanction, a charge-sheet was submitted but suddenly during the course of arguments on framing of charges, prosecution moved Application No. 40 Kha on 11.5.2009 for withdrawal of criminal prosecution under Section 321 Cr.P.C. Both accused and prosecutor supported the withdrawal of criminal case.

(3.) The trial court held that veracity and credibility of evidence can only be tested during the course of trial. The allegations under Corruption Act are offences in special category and normal standard for withdrawal of cases should not be applied for cases under the Corruption Act. No public interest was visible to the trial court and therefore, the trial court rejected the application. Aggrieved, accused Panna Lal has preferred this criminal revision.