SHRIVALLABH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS application under section 482 of the Code of Criminal Procedure, 1973 (for short the 'code') is for quashing the proceedings in Special Case No. 1 of 1989 in the Court of Special Judge, Jhabua.

(2.) CIRCUMSTANCES giving rise to the application are these holding that the petitioner had accepted bribe from R. S. Mishra, by judgment dated 11-8-1982, the Special Judge, Jhabua convicted him of the offence under section 161, Indian Penal Code and under section 5 (1) (a) read with section 5 (2) of the Prevention of Corruption Act, 1947 (for short the 'act') and had sentenced him to R. I. for 3 months on each count, sentences to run concurrently. Against that judgment the appellant preferred appeal in this Court [ vide Appeal No. 471/82]. By its judgment dated 29-4-1987, this Court holding that there was no valid sanction allowed the appeal and set aside the conviction and the sentence.

(3.) BY the said judgment the proceedings were quashed and the appellant was discharged. In this connection paragraph 36 of the judgment may usefully be reproduced: