PRABHANSHU KAMAL Vs. AWADHESH SINGH BHADORIYA

JUDGEMENT

(1.) This petition is filed against the order dt. 19-3-2001 passed by A.C. Shukla, Special Judge and First Additional Sessions Judge, Gwalior.

(2.) A complaint under S. 200 of Code of Criminal Procedure was filed in the Court of Special Judge alleging an offence under S. 13(1) of Prevention of Corruption Act, 1988 (hereinafter referred to as an Act). On filing of complaint Special Judge without going through the contents of the complaint has directed that the complaint be investigated by Superintendent of Police, Lokayukt Gwalior and directed that enquiry report be produced on 18-4-2001.

(3.) Record of trial Court is requisitioned. In the complaint it is alleged that complainant No. 1 is an Advocate and is a member of Executive Committee of High Court Bar Association and Complainant No. 2 is an Advocate. In para 3 of the complaint it is mentioned that accused Nos. 1 to 3 (petitioners) without any authority have issued orders directing that wearing of Head Gear is compulsory while riding on a motor cycle. In the complaint it is mentioned that petitioner Nos. 1 to 3, who are the public servants, have issued directions without any sanction of law with an intention to receive commission in lakhs of rupees. It is further alleged that on account of the orders passed by the petitioners police has unlawfully challaned the motor cycle riders and imposed fine. It is further alleged in the complaint that the order directing wearing of Head Gear is not provided under law and the order being contrary to law has been withdrawn. The petitioners are public servants and they have committed corrupt practices while directing compulsory wearing of the Head Gear.