- (1.)This Revision has been filed by the applicant under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code' for short), arising out of the order dated 11.05.2016 passed in Special Case No.2/2016 by Special Judge, (Prevention of Corruption Act), Chhindwara (MP), whereby charge punishable under Section 7 of the Prevention of Corruption Act, 1988, has been framed against the applicant.
(2.)The prosecution story in nutshell is that at the relevant time, the applicant was posted as Lower Division Clerk, in the Area Leproscopy office at Chhindwara and he was given additional charge of Accountant in Community Health Centre (hereinafter referred to as CHC for short), Bichhua. On 30.8.2012, a complaint was made by employees of CHC against the applicant for demanding illegal gratification of Rs.300/- from each employees against release of their arrears of 6th Pay Commission of 3rd instalments to Sub Divisional Officer (Revenue) Saonsar and on submitting that complaint, FIR was lodged under Crime No.243/12 on 5.12.2012 by Police Station Bichhuwa, District Chhindwara. Before filing Challan, permission for prosecution against the applicant was sought from the competent authority, which was granted by CMHO Chhindwara on 5.12.2015 under Section 187 & 384 of Code read with Section 13(1)(d) (I) (III) of Prevention of Corruption Act. Subsequently, again in reference to the letter of Investigating Officer, CMHO Chhindwara, wrote a letter dated 22.1.2016 granting permission for prosecution against the applicant under Section 187 & 384 of Code and Section 7 of Prevention of Corruption Act. After completing the investigation and other formalities, Challan has been filed.
(3.)Learned trial Court vide its order dated 11.5.2016 found that prima facie case is made out against the applicant under Section 7 of the Prevention of Corruption Act, 1988, and framed charge accordingly, who abjured the guilt.