KOSHY JOHN KOSHY MATHEW Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a revision by applicant/accused against the order passed by Special Judge, whereby he refused to discharge the applicant/accused.

(2.) A few facts may be stated as under- The applicant/accused was working as an assistant Engineer in Municipal Council, akola. On 13. 2. 1991, a trap was laid by anti-corruption Bureau, upon a complaint lodged by one Gajanan Gote. It is alleged that applicant/accused, was therefore, caught accepting bribe of Rs. 2000/- for sanctioning bill for Rs. 60,000/ -. A crime was registered. Respondent No. 2. anti-corruption bureau sent a letter dated 15. 11. 1991 to the Municipal Council seeking sanction to prosecute the. accused. Subject was placed before the Standing committee. The Standing Committee in its meeting dated 7. 12. 1991 refused to grant sanction. As a result, writ petition No. 307/ 1993 challenging this Resolution was filed in the High Court. A Writ of Mandamus was issued by this Court to the Municipal council directing, it to accord sanction to prosecute. It is, therefore, that a sanction was given by the Municipal Council.

(3.) The applicant/ accused then moved an application to the Special Judge to discharge him. The Sessions Judge/special judge rejected the application and being aggrieved by that, this revision is filed. ,