YESHWANT KUMAR MEHTA Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision is filed by the applicant against the order of framing of charge under Sections 13 (1) (d) and 13 (1) (2) of the Prevention of Corruption Act and directing trial passed in Special Case No. 2/2002 by the learned Special Judge, Mandsaur on 12-8-2002 and 27-6-2002 respectively.

(2.) BRIEF facts required to be mentioned for disposal of this revision are that the non-applicant/state filed a charge-sheet against the applicant for commission of offence punishable under Sections 7 and 13 (2) of the Prevention of Corruption Act. It was alleged against the applicant that he being a Junior Engineer as Public Servant in M. P. Electricity Board, Centre Afzalpur, accepted illegal gratification of Rs. 1,800/- for granting electric connection to the complainant. The applicant was tried by the First Addl. District and Sessions Judge, Mandsaur in Sessions Trial No. 1/2000.

(3.) THE learned Trial Court vide its judgment dated 10-10-2000 acquitted the applicant on the ground that alongwith the charge-sheet, the legal sanction, as required by law to prosecute the applicant, was not filed. The learned Trial Court has held in para 20 of the judgment that the cognizance could have not been taken because, there was no legal, proper and valid sanction and on the basis of invalid sanction the applicant could not be convicted. Since the sanction was held improper, the prosecution after obtaining valid and proper sanction from the sanctioning authority, again filed the charge-sheet against the applicant. On the basis of this, by the impugned order, charges have been framed by the Court below.