M. SIMON Vs. THE STATE OF A.P.

JUDGEMENT

(1.) CHALLENGE in this Revision is the order dated 17.11.2007 passed in Crl.M.P. No. 830 of 2007 in C.C. No. 32 of 2006 by the learned Special Judge for SPE & ACB cases, Nellore, whereunder he refused to accord consent under Section 321 Cr.P.C to the Special Public Prosecutor to withdraw the prosecution against the accused.

(2.) A ) Shorn off the unnecessary details, the prosecution case against the accused who is charged under Section 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 (for short P.C. Act) is that the complainant was a conductor in APSRTC, Nellore Depot and accused was the Sub -Inspector of Police, Women P.S, Nellore during relevant time and in respect of the complaint given by Swaroopa Rani wife of complainant, AO initially demanded Rs. 2,000/ - as bribe from the complainant for not taking action on the petition of his wife and on the request of the complainant he reduced the bribe amount to Rs. 1,000/ - and on 17.02.2006 at about 9:30 am at mechanic bunk situated opposite to Nippo Batteries Factory, Nellore, the accused was caught red -handed while accepting illegal gratification of Rs. 1,000/ - from the complainant and hence facing the charges for the offences stated supra.

(3.) SHEONANDAN Paswan v. State of Bihar He thus prayed to allow the petition."