MAIDHANDAS AGARWALLA Vs. SRICHARAN BARUA

JUDGEMENT

(1.) THIS R.was obtained by the petitioner Maidhandas Agarwalla against an order of acquittal passed in the case in favour of opposite party Sricharan Barua by Sri B. C. Medhi, Special Judge at Dhubri, in Case No. 1 of 1952 under Section 5 of Act II of 1947 (The Prevention of Corruption Act, 1947) and Section 161, I.P.C. Along with the order of acquittal passed on 14 -6 -54, the learned Special Judge directed that the complainant Maidhandas Agarwalla should be prosecuted under Section 211, I.P.C. for bringing a false case, and that the complainant and his brother, Ramananda, should further be prosecuted under Section 193, I.P.C. for fabricating false evidence in the shape of preparing account -books to suit the prosecution.

(2.) THE complainant had moved the local Government for an appeal against the acquittal, and on his failure to get a favourable order, he obtained the R.from this Court on 31 -1 -55, on an application under Section 439, Cr. P.C. The opposite party showed cause and tried to support the judgment of the Special Judge.

(3.) AFTER his release on bail on 12 -7 -51, Maidhandas wrote an application on 19 -7 -51 to the Chief Minister of the Province of Assam and to the Inspector General of Police and the Anti -Corruption Branch, complaining that the accused Sricharan Barua had unduly harassed and humiliated the complainant Maidhandas Agarwalla because of not paying the bribe of Rs. 5000/ -, which the accused had asked for consequent to the arrest of the complainant on 10 -7 -51, and in the said petition, he mentioned that the accused had, on earlier occasions, taken bribes from the complainant due to various exigencies, and those items were given as follows: