STATE OF M P Vs. ALPANARAYAN

JUDGEMENT

(1.) THIS criminal revision is directed against the order dated 7. 5. 1993 passed by Special Judge, Raipur, in Special criminal Case No. 33/1992 discharging the respondents from the offence punishable under Sections 7, 10 and 12 of the Prevention of Corruption Act 1988 (for short the "act") read with Section 116/34 of the Indian Penal Code.

(2.) THE order is challenged on the ground that the respondents are public servants and they have tried to give bribe to the Member of Legislative assembly who was also a public servant and their act squarely falls within the meaning of an attempt to give bribe to a public servant which is punishable under Sections 7, 10 and 12 of the Act read with Section 116/34 of the Indian Penal Code, but the Special Judge has committed an illegality by not framing the charge against them in spite of the sufficient material collected by the prosecution to this effect.

(3.) BRIEF facts of the case are that the respondents herein extracted a sum of rs. 1000. 00 from each of the beneficiaries who were sanctioned Rs. 11,500 each for construction of well under the Jeevan Dhara scheme. On this, they lodged a written complaint dated 18. 4. 1991 to Shri P. R. Khunte the then Member of Legislative assembly from Palari constituency which was forwarded by him to concerned Sub-Divisional officer (Revenue) for inquiry. Meanwhile, accused Prakash Mishra who was posted as Block Development Officer, sent accused Alpanarayan Shukla and ravindra Singh to Shri Khunte and they tried to give Rs. 5,000 to him as illegal gratification for withdrawing the complaint made against them. Thereafter, Shri khunte informed the Police Station, Palari regarding the act of the accused/respondents, Police came and seized Rs. 5,000 from the table of Shri Khunte. Accused/respondent No. l Alpanarayan shukla was apprehended by the police at the residence of Shri khunte but accused/respondent No. 2 Ravindra Singh ran away on his motorcycle. Shri khunte alongwith head constable and accused-respondent No. 1 alpanarayan Shukla went to the police station and lodged the report. Statements of the witnesses were recorded under Section 161 of the Code of criminal Procedure and after completion of the investigation charge-sheet was filed against all the accused/respondents in the court of Special Judge, Raipur.