P.J. MUNSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is directed against the order of the Additional Sessions Judge, Ajmer dated 5 -11 -1974, upholding the order of the Munsif. Judicial Magistrate, 1st Class Ajmer City (East), Ajmer, dated 21 -3 -1974, by which the learned Magistrate rejected the plea of the accused that they were entitled to protection under Sec. 197 of the Code of Criminal Procedure. Petitioner No. 2, Gurucharan Singh, Deputy Superintendent of Police (Anti -Corruption, A mary laid, a trap on 29 -1 -1973, and caught red -handed redhanced R.N. Saxena, Depot Manager, Rajasthan State Road Transport Corporation and recovered from him Rs. 50/ -, which he had accepted as illegal gratification.

(2.) While the petitioner No. 2, Gurucharan Singh was preparing recovery memos during the investigation of his trap, the complainant K.N. Gupta, non -petitioner No. 2, who was working as Assistant Depot Manager, entitled the office of the Depot. Manager along with 40 to 50 persons and started manharding the Anti Corruption personnel They destroyed the evidence by training the relevant memos and record of he trap case and by throwing away the glass containing the mixture of Phenophalihaien powder. They "even (sic) R.N. Saxena from the custody of Gurucharan Singh. There upon the officers of the Anti Corruption Department contacted the Collector, the Superintend of Police and the Additional Superintend of Police on phone, seeking immediate necessary help. On receipt of the telephonic message the petitioner No. 1 P.J. Munshire shed the spot immediately with police staff and controlled the situation. They arrested the complainant K.N. Gupta and others Roadways personnel and sent them to Kotwah for interrogation and investigation.

(3.) A case under section's 147, 149, 353, 332, 224, 225 and 201 IPC. was registered against them. Another case under Sec. 5(1)(2) read with Sec. 5(2) of the Prevention of Corruption Act was registered against R.N. Saxena.