SANTOSH KUMAR BHARTI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition by the accused alleging that his prosecution under the provisions of Prevention of Corruption Act is illegal inasmuch as he had not demanded any bribe nor he had participated in any act or omission which may come within the mischief of the Prevention of Corruption Act. It is alleged that an offence under Section 324, Indian Penal Code was being investigated against Bhawanlal Pawar, P. S. Ari. , Distt. Seoni, Some time in the year October, 1989, Constable Mustaque Karim Khan visited the village and the constable demanded money alleging that it is required to be given to the applicant. The constable was trapped and the amount of bribe was seized from him. The constable states that the amount was demanded by the applicant through him not to register offence or else he will register an offence.

(2.) THE arguments of the learned counsel for the applicant is that on the basis of the statement of constable, the applicant cannot be prosecuted as he had not demanded any bribe.

(3.) THE matter was placed for sanction before the State Govt. for prosecuting the applicant. On receipt of the sanction the challan was filed before special Magistrate under Section 7 (3) (i) (d) read with Sections 12 and 13 (2) of the Prevention of Corruption Act, 1988.