MADAN MOHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) MADAN Mohan petitioner appeared as a prosecution witness on April 30, 1984 in State v. Abhey Singh under Section 161/165-A/109, Indian Penal Code and Section 5(3) of the Prevention of Corruption Act, 1947 (hereinafter the Act) and stated that he had been obtaining permits for the purchase of cement sanctioned in the name of other persons from the office of B.D and P.O Kaithal on payment of illegal gratification at the rate of Rs. 10/- per bag of cement. He further stated that there was no question of any pressure of illegal demand made by the officials including the accused and that he paid them illegal gratification of his own because he was in need of the cement bags for the construction of rice sheller. The Special Judge, Kurukshetra, vide order dated April 30, 1984 summoned the petitioner as an accused, to stand trial under section 165-A. Indian Penal Code read with Section 5(3) (ii) of the Act. The Special Judge by another order dated June 4, 1984 opined that in view of the provisions contained in Section 8 of the Act, the petition could not be prosecuted for an offence under Section 165-A. He was, however, ordered to be charged under Section 5(3)(ii) of the Act. On the same date the petitioner was charged as under :-

(2.) THE petitioner has assailed the order dated April 30, 1984 and June 4, 1984, in the present petition under Section 482, Criminal Procedure Code.

(3.) SECTION 165-A, Indian Penal Code, reads :-