- (1.) Accused-revisionist is assailing the order dated 29.09.2008 passed by learned Special Judge, Ferozepur, thereby disagreeing with the cancellation report submitted by the police and taking cognizance against the accused under Section 7, 13(2) of the Prevention of Corruption Act (hereinafter referred to as the Act).
(2.) The brief facts of the present case are that Mohinder Singh-complainant has lodged an F.I.R. with the Deputy Superintendent of Police, Vigilance Bureau, Ferozepur, which reads as under :- "Stated that I am resident of Village Chack Gurditiwala and do agriculture. That I had to get a limit made from the Bank for which I needed a copy of Jamabandi of my land. I approached the Patwari Halqa Gurdev Singh 2/3 times, but each time he dilly dallied the matter. Yesterday, I again met him at village Ilmewala and asked for the copy of the jamabandi. He told me that by making rounds like this he will not get the copy of the jamabandi and in case he really wanted the copy he will have to grease his palm. He made a demand of Rs. 1000/- for this purpose. On my pursuing he agreed to accept a bribe of Rs. 700/-, but I made an excuse for not having the cash ready with him but promised to pay the same on the next day. He agreed to accept a sum of Rs. 700/- from him in preparing the copy of jamabandi. But I did not wish to pay the bribe money and therefore made a false promise with him and returned to my house. ON return my acquaintances Gurmail Chand son of Jarnail Ram resident of Village Hahmanwala at my village to whom I narrated the whole story. He also dissuaded me from paying any bribe money to the patwari and to get him trapped with the Vigilance Department. I along with Gurmail Chand have come present before you and produced a currency of Rs. 700/- which was demanded by Gurdev Singh Patwari Halqa Ilmewala for preparing a copy of jamabandi, since I do not wish to pay any bribe money, legal action be taken against Patwari. My statement has been recorded correctly."
(3.) Investigation was carried out and material was placed before the Collector, Ferozepur, to grant sanction against the accused for his prosecution under Section 7, 13 (2) of the Act as required by Section 19 of the Act. Learned Collector vide order dated 28.05.2007 has declined to grant any sanction against the accused-revisionist to prosecute him. Cancellation report dated 24.01.2008 was submitted before the Special Judge, Ferozepur. Learned Special Judge, Ferozepur, vide impugned order dated 29.09.2008 has decided to take cognizance against the accused for an offence under Section 7, 13(2) of the Act. Order of the learned Special Judge dated 29.09.2008 is under challenge before this Court.;