STATE OF HARYANA Vs. RAJ KUMAR GUPTA

JUDGEMENT

(1.) THE present revision petition is filed by the State impugning the order dated 17.1.1997 passed by the Court of learned Special Judge, Karnal, whereby he found that prima facie no case for framing any charge against the respondent Raj Kumar Gupta under Section 7 read with Section 16(i) of Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") is made out.

(2.) FROM the order of learned Special Judge, it is borne out that the complainant Mulakh Raj had a Government depot in village Kunjpura and for obtaining conditional licence, he had filed an application on 15.12.1995. That application was marked to the respondent, who was then posted as Inspector, Food and Supplies. It was alleged that the respondent wanted Rs.500/ - for making report in favour of depot -holder. Learned Special Judge found merits in the contention of the respondent that the prosecution story is false because as per Section 173 Cr.P.C. report it was evident that the report for which the respondent had sought illegal gratification was already made on 12.1.1996 and was despatched on 17.1.1996. Therefore, there was no occasion to demand bribe subsequently i.e. on 16.2.1996. He further found that sanction was granted without application of mind. Respondent was discharged on 17.1.1997. Period of 11 years has already lapsed. Even otherwise, the witnesses after delay of 11 years may not be in position to testify as there is bound to be loss of memory.

(3.) AT this stage, it would not be appropriate to disturb the findings of the Court below. Hence, the present revision petition is dismissed.