- (1.) 1. This petition under Section 482 Cr. P. C. has been filed by the petitioner - Udhyag Shukla for quashing the pro ceedings in Session Trial No. 37 of 1999 pending in the court of Sessions Judge, Nainital under Sections 384, 420 of I. PC. and Section 9 of Prevention of Corruption Act.
(2.) BRIEF facts of the case, are that the petitioner has formed a society in order to save the pollution of the envi ronment and the name of that society is "society For Nature, Environment and Humanity" popularly known as "snh". According to the petition, number of people of Nainital informed the applicant/ petitioner about the ille gal felling of the trees in large scale and the petitioner on his own information confirmed that news and approached the local authorities for taking action against the responsible persons. The illegal fell ing of trees was being done in an area of about 14 acres of land at Sona Pani Estates situated at Satauni Village of District Nainital which was purchased by Maharshi Vadic Construction and Maharshi Medical Corporation Put. Ltd. As no action was taken by the local au thorities, therefore, the petitioner de cided to report the matter to State Gov ernment. Meanwhile, the then Chief Sec retary visited Nainital and the petitioner with the delegation approached him with a complaint in writing. The Chief Sec retary thereafter asked the District Mag istrate to enquire into the matter. The Deputy Divisional Forest Officer was re quired to conduct the enquiry along with Tehsildar, Nainital. After the enquiry was conducted a report in this regard was submitted. The record reveals that mean while a complaint was lodged against the petitioner by one Smt. Janki Surya on 29-04-1999 indicating therein that on 21-01-1999, the petitioner ap proached her alleging that he would set tle the matter right and solve the prob lem with regard to the cutting of trees with the Administration, as the District Magistrate was his relative. As there was a continuous demand of money by the petitioner as a motive or reward for in ducing, by exercising of personal influ ence, upon the District Magistrate for set tling down the matter, therefore, the complainant had assured the petitioner that she has arranged for part payment. The complainant Smt. Janki Surya, thereafter informed the District Magistrate for taking proper action in the matter.
(3.) THE District Magistrate transmit ted the matter to the S. S. P, Nainital for taking action in the matter who directed the C. O. , Nainital for organizing a raid. THEreafter on 29-04-1999, the police or ganized a raid and caught the petitioner red-handed accepting a gratification of Rs. 1. 00 lacs for exercising his personal influence upon the District Magistrate. The police after completing the investigation in the matter submitted the chargesheet before the court under Sec tions 384,420 I. P. C. and Section 9 of Prevention of Corruption Act. The peti tioner thus approached the High Court of Allahabad by way of this petition under Section 482 Cr. P. C. which has been transferred to this Court after crea tion of new State.;