(1.) This revision, by the State, is directed against the order dated 24-2-1998 passed in Criminal Appeal No. 1/1997 by the First Additional Sessions Judge (Special Judge), Khandwa, whereby he has discharged the accused/non-applicant of the offence under Section 7, 13(1) read with Section 13 (2) of the Prevention of Corruption Act, 1988.
(2.) According to the prosecution case, the non-applicant was posted as clerk, Grade I, in the Land Record Section of the Office of Collector, Khandwa. In that Section one Shaila Pare was posted as Clerk, Grade II. On 11-9-1996 Shaila Pare made an oral complaint to Shri S. K. Vashisth, Collector Khandwa, against the non-applicant that he is demanding Rs. 200/- as illegal gratification to process her application for the withdrawal of Rs. 40,000/- from her General Provident Fund Account. Shri Vashisth, in order to verify her complaint, himself signed two currency notes of Rs. 100/- each in front of other officers and gave the same to her. Shaila Pare went to the non- applicant and gave the amount to him. Thereafter, she returned to the chamber of Shri Vashisth and informed him in front of other officers that the non-applicant has accepted the amount. Shri Vashisth immediately sent for the non-applicant. The non-applicant was searched before Shri Vashisth and other officers. During the search the currency notes of Rs. 100/- each, which were signed by Shri Vashisth, were recovered from the possession of non-applicant. A Panchnama of the recovery was prepared. Shri Vashisth, in the capacity of Collector Khandwa, by his memo dated 12-9-1996 informed the Superintendent of Police, Khandwa, about the incident and asked him to register a criminal case against the non-applicant. Shri Vashisth also sent the Panchnama of the articles recovered from the non-applicant and the statement of Shaila Pare for further proceedings. City Superintendent of Police, Khandwa, recorded the first information report at Police Station Kotwali on the basis of written information sent by Collector Shri Vashisth. City Superintendent of Police, Khandwa, thereafter investigated the incident. During investigation he recorded the statements of P. C. Nadiwal Office Superintendent, Collectorate: J. P. Parihar, District Planning Officer; S. S. Rathore, Deputy Collector; Kedar Sharma, Additional Collector; Deepak Saxena, Deputy Collector; Shri Vashisth, Collector and complainant Shaila Pare. He also seized the documents regarding withdrawal of General Provident Fund amount from the account of Shaila Para. The non-applicant was arrested on 2-10-1996. Shri Vashisth, in the capacity of Collector, was the appointing authority of non-applicant. But since he himself was a witness of the incident, in all fairness, it was thought proper to apply for sanction for prosecuition of the non-applicant before a superior officer. Consequently, the request for sanction made by the Superintendent of Police, Khandwa, was forwarded by Shri Vashisth to the Commissioner, Indore Division. Commissioner, Indore Division, by his letter dated 31-9-1997 accorded the sanction for the prosecution of non-applicant. Thereafter, charge sheet was filed against the non-applicant for offences under Sections 7, 13 (1) read with Section 13 (2) of the Prevention of Corruption Act, 1988.
(3.) On 4-9-1997 the non-applicant filed an application for his discharge of the offences. The Special Court by the impugned order allowed the application and discharged the non-applicant on the grounds : (A) the incident of acceptance of bribe by the non-applicant was investigated by the Collector which is not permissible under law. and (B) Commissioner, Indore Division, accorded the sanction mechanically merely on the letter of Collector and not on the request of Police.