O P GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) UNDISPUTED facts of the case are that the petitioner is facing trial for the offences punishable under Sections 7, 13 (1) (d) and 13 (2) of the Prevention of corruption Act, 1998 (hereinafter referred as the "act") in Special Case No. 1/99 pending in the court of Special Judge (Prevention of Corruption Act), Morena.

(2.) THE allegation against the petitioner is that on 23rd February 1998 he was posted as Executive Engineer M. P. Vidyut Mandal at Sheopurkalan. He inspected oil mill of complainant Babulal and threatened him to initiate a recovery proceeding for rs. 10,000 against him. In this matter the petitioner received Rs. 1,000 as illegal gratification from the complainant on the ground that he will favour the petitioner in the case. After framing of the charge on 10th january 2000, petitioner moved an application before the Learned Judge praying there in to discharge him as he is not a Public Servant under the provisions of the Act, hence, he cannot be prosecuted for the aforementioned offences. His application being rejected vide order dated 18th June 2004, this petition has been preferred by him.

(3.) THE only question for consideration is as to whether the petitioner is a Public Servant under the Act and he can be prosecuted for the aforementioned offences?