- (1.) The instant criminal revision has been filed by the revisionist Shiv Lakhan against the judgement and order dated 17.9.2013 passed by the learned Sessions Judge, Fatehpur in Special Trial No. 2 of 2012 arising out of Miscellaneous Application No. 29 of 2012 whereby the learned Sessions Judge has rejected the complaint under section 203 of Code of Criminal Procedure (hereinafter referred to as the "Cr.P.C.") filed against opposite party No. 2 Ram Prasad under the Prevention of Corruption Act.
(2.) The brief facts of the case are that an application under section 156(3) Cr.P.C. was moved by the complainant, the revisionist herein, on 10.5.2012 for directing the Station House Officer of Police Station Khakhreru, district Fatehpur to register and investigate the case, with the allegations that he applied for electric connection for the purpose of running a tubewell. After getting all the formalities completed, line order was passed on 19.2.2010. In compliance thereof, electric connection was given to the complainant in October, 2011. However, the department has failed to issue pass book in spite of repeated request and several reminders. On 25.3.2010, Shri Ram Prasad, Junior Engineer, Kishanpur, opposite party No. 2 approached the complainant and demanded Rs. 5,000/- for submitting the connection report.
(3.) However, the said application of the complainant moved under section 156(3) Cr.P.C. was treated as complaint and the statement of the complainant was recorded under section 200 Cr.P.C.;