STATE OF RAJASTHAN Vs. JASWANT SINGH

JUDGEMENT

(1.) THIS is a State Revision Petition against an order dated 14. 3. 1989 of the learned Special Judge for ACD Cases, Jaipur, discharging the accused non-petitioner of the 'charge u/s. 161 I. P. C read with S. 5 (l) (d) (2) of the Prevention of Corruption Act. The only ground on which the accused non-petitioner was discharged is that the charge-sheet could not be filed by the Addl. S. P. Outpost Jaipur Gramin who was not the incharge of the police station.

(2.) A well was dug by one Nathulal resident of Jirota Kalan Tehsil Dausa Distt Jaipur for irrigating his agricultural fields. He had applied for electric connection to the Assistant Engineer, R. S. E. B. , Dausa and demand notice dated 23 1 1987 for Rs. 700/- was received. As Nathulal was an old man. and having three sons including Babulal Bairwa, Babulal went to the office of the Assistant Engineer, R. S. E. B. , Dausa and as alleged that the accused non-petitioner gave out that the Asstt. Engineer will not release the connection unless something is paid as 'kharcha PANI'. Babulal returned back to his house and talked to his father He again went to the office of the Assistant Engineer, and Jaswant Singh again made a demand of Rs. 1,000/ -. Ultimately, the accused non-petitioner is said to have agreed to pay a sum of Rs. 800/ -. Babulal was asked by the accused non-petitioner to come along with money on 2. 2. 1987. He never wanted to pay illegal gratification, therefore, he went to the office of the Additional Superintendent of Police, Jaipur. A trap was laid and it is alleged that the accused non-petitioner was caught red handed with the money of Rs. 800/-After receiving the sanction for prosecution of the accused non-petitioner a - charge-sheet was filed.

(3.) I am therefore, of the opinion that the Addl. S. P. (Rural) Anti Corruption Branch of the Rajasthan Police Force is and was officer incharge of a police station, and, therefore, u/s 156 Cr. P. C. he could have filed a report to the Special Judge, A. C. D. Cases.