JAGDISH PRASAD GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) By this revision application the applicant has called in question the pregnability of the impugned order dated 28/7/2009 passed by learned Special Judge, Gwalior in a criminal case which has not yet been registered directing respondent No. 1 to investigate the complaint filed by the respondent No. 2-Gyaan Singh under Section 156(3) of the Code of Criminal Procedure (in short 'the Code').

(2.) A private complaint was submitted by respondent No. 2 before learned Special Judge appointed under the Prevention of Corruption Act, 1988 (in short 'the Act') praying to register the complaint under Sections 294, 166, 506 later part and 488 of IPC as well as under Section 7, 13(a) of the Act against the applicant on 28/7/2009 and to convict him. According to the complainant/respondent No. 2, the applicant, who is a public servant holding the post of Tahsildar, made demand of illegal gratification of Rs. 25,000/- to get the name of complainant mutated in the revenue record and also showered filthy abuses to him. The applicant also gave threat to cause hurt.

(3.) The learned Special Judge recorded the statement of the complainant under Section 200 of the Code and thereafter directed the Station Officer Incharge of the concerning police station to enquire the matter under Section 156(3) of the Code and to submit the report. Against this order, this revision application has been filed by the applicant.