BAYYAREDDY MANJUNTHA Vs. STATE - ACB, WARANGAL RANGE, WARANGAL

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as well as the learned Special Public Prosecutor appearing for respondent State.

(2.) The present Criminal Revision Case is filed challenging the orders passed in Crl.M.P.No.389 of 2008 in C.C.No.19 of 2006 dated 5.9.2008 on the file of the Court of the Principal Special Judge for SPE and ACB cases, City Civil Court, Hyderabad, dismissing the petition filed under Section 239 Cr.P.C.

(3.) The facts in brief are that the petitioner herein is charged for the offence under Sections 7 and 13 (1) (d) read with Section 13 (2) of Prevention of Corruption Act, 1988. The basic allegation made against the petitioner is that one K.Ashok Reddy, defacto complainant was having A.3.02 guntas of dry land in Sy.No.30 at Kanvaigudem village, Kodakandla mandal of Warangal district. He intended for mango plantation in his land under the guidance of the Horticulture department, Thorrur. He dug 220 pits by engaging labour and approached the petitioner. The defacto complainant paid Rs.1650/- as 50% subsidy for 220 mango plants at Rs.15/- for each plant and subsequently, the petitioner informed him that he would get 440 kgs of rice @ 2 kgs rice for each pit and in that connection, the petitioner demanded and accepted Rs.600/- from him to do official favour for issuing rice coupons for 440 kgs. It is also stated that the petitioner was appointed as a contract Horticulture Officer at Thorrur, Warangal district by corporate solution private limited vide appointment letter dated 1.10.2003 and was receiving remuneration from the Government. During the pendeny of C.C.No.19 of 2006, the petitioner filed the above said Crl.M.P.No.389 of 2008 under Section 239 Cr.P.C. to discharge him for the charges levelled against him. Learned Special Judge, after hearing, dismissed the said petition by orders dated 5.9.2008. Aggrieved by the same, the present Criminal Revision Case is filed.