LAWS(HPH)-2010-11-417

CHAPALA RAMESH REDDY Vs. STATE OF HIMACHAL PRADESH

Decided On November 26, 2010
Chapala Ramesh Reddy Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) A case, under Section 13(2) of the Prevention of Corruption Act, has been registered against an SDM, whose name is Raj Dev Singh Jasrotia. Said SDM was going by a vehicle from his place of posting, i.e. Tissa, towards Kangra, when the vehicle was intercepted at a place known as Tunuhatti, with definite information that the SDM had demanded and accepted bribe from some Hydro Power Project people and was carrying huge amount of money, in cash, in his luggage. On search of the luggage, currency notes of 11,90,000/ - were recovered. The SDM was taken into custody and interrogated. Though he did not reveal the source of money, police, during the course of investigation, have come to know that one construction company, engaged by the employers of the present Petitioner, for executing civil work of Hydro Power Projects, had withdrawn Rs.10,00,000 about a month, prior to the recovery of money from the aforesaid SDM and that money had been paid, in cash, by the construction company to the present Petitioner and one K.V. Krishna Mohan Rao. Though the present Petitioner has yet not been named as an accused, investigating agency intends to interrogate him to find out if, out of the money received by him from the aforesaid civil construction company, he had given any amount of money to the aforesaid SDM. Since no case has been registered against the present Petitioner so far, the present petition is dismissed. Petitioner is, however, directed to join investigation and to make himself available to the investigating agency, for interrogation, as, when and where called upon, by the said agency, to do so. In case during the course of interrogation, the investigating agency books him as an accused in the case and intends to arrest him, he shall be given three days advance notice to enable him to approach the Sessions Court or this Court for grant of bail, before arrest.