STATE OF M P Vs. NANHE SINGH

JUDGEMENT

(1.) State has filed this revision against the order dated 13.1.2001 passed by Special Judge [Prevention of Corruption Act], Mandla in Special Case No. 1/95 whereby learned Special Judge discharged the respondent of the charges under sections 7 and 13(1)(d) read with section 13(2) of the Prevention of Corruption Act (for brevity 'the Act'). Brief history of the case is that a first information report was recorded by Special Police Establishment, Lokayukt that respondent, who happened to be the M.L.A. from Dindori, demanded and received Rs. 20,000/- as bribe from four complainants for their appointments on the post of Teacher. After completion of investigation, petitioner filed charge sheet against the respondent without obtaining sanction for prosecution under section 19 of the Act.

(2.) Charge sheet was filed in the Court of Special Judge on 17.5.1995. On 29.5.1995, a bailable warrant was issued for securing presence of respondent in the Court. On 18.12.1995 charges under sections 7 and 13(1)(d) read with section 13(2) of the Act were framed and the case was fixed for recording of the evidence. Statements of 12 prosecution witnesses were recorded till 8.9.1998.

(3.) In the course of trial, respondent filed number of applications challenging his prosecution in the absence of sanction under section 19 of the Act, but they were rejected on the ground that he did not challenge the order of taking cognizance and of framing charge in the High Court. However, on 13.1.2001, learned Special Judge in the light of Apex Court's decision rendered in P.V. Narasimha Rao Versus State (CBI/SPE), 1998 AIR(SC) 2120 holding that since respondent, at the time of taking cognizance, was a member of Legislative Assembly, as such a public servant, the prosecution against him could not be continued, discharged him. Aggrieved by the aforesaid order, petitioner 'SPE' has filed this revision.