SAROJ KUMAR SINHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the Order dated 1.11.2004 passed by the Learned Special Judge (Vigilance), Bhubaneswar in T.R. No. 27 of 2002 rejecting the application filed by the Petitioner under Sec. 227 of the Code of Criminal Procedure to discharge him.

(2.) The aforesaid Vigilance case has been initiated against the Petitioner on the allegation that as a public servant (Drug Inspector) he demanded and accepted a sum of Rs. 800/ - from Sk. Noor as a motive/reward for granting clearance for change of Pharmacist in his medicine shop. On the basis of a report submitted by Sk. Noor, a trap had been laid and the Petitioner was arrested in course of the trap for accepting bribe of Rs. 800/ -. After charge -sheet was submitted, cognizance was taken for commission of offences under Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act.

(3.) The Petitioner filed an application under Sec. 227 of the Code of Criminal Procedure to discharge him on the ground that he had never accepted bribe from said Sk. Noor and therefore no case has been made out against him. Learned Special Judge (Vigilance) held that the case is triable by warrant procedure and therefore Sec. 227 of the Code of Criminal Procedure. has no application. However, considering the said application to be one under Sec. 239 of the Code of Criminal Procedure., Learned Special Judge considered the same and rejected the application.