- (1.)This is a revision petition preferred by the Petitioner-State Government against the order of the learned Special Judge, Mysore Division, in Mis. Case No. 23 of 1964 rejecting as not maintainable the charge-sheet placed by the Police of Channaraya- patna against the respondent accused.
(2.)The facts that have given rise to this petition are briefly as follows: The Police of Channarayapatna placed a charge-sheet against the accused under section 161 read with section 116 I.P.C. in the Court of the learned Special First Class Magistrate, Hassan, alleging that on 3-10-1953 the respondent-accused offered a bribe of Rs. 25 to the Sub-Inspector of Police of Nuggenahalli as illegal gratification in return for some favour to be shown by the said Sub-Inspector and that the respondent-accused thereby committed an offence under section 161 read with section 116 I.P.C.
(3.)The case was transferred to the file of the Additional First Class Magistrate as per orders of the District Magistrate and it was subsequently disclosed that the learned Additional First Class Magistrate had no jurisdiction to try these offences and thereupon the case was transmitted to the Special Judge for disposal according to law. The respondent-accused filed an application, I.A. No.1 before the learned Special Judge praying for the rejection of the charge-sheet on the ground that the charge was groundless. This contention found favour with the learned Special Judge and he accordingly rejected the charge-sheet and as against that order, this revision petition is filed.
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