AI Structured Summary
Not yet generated for this judgment
Judgment
Aggrieved by the order dated 17.2.2009 of the Special Judge Anticorruption Kashmir, Srinagar, framing charge under Sections 5(1 )(d) and
Section 5(2) of the Prevention of Corruption Act and Section 161 R.P.C, the petitioner has approached this Court seeking quashing of the
proceedings before the Special Judge, on the ground that in view of the complainant's statement recorded under Section 164A Cr.P.C, saying that
he was undergoing mental tension when he had complained against the petitioner that he had demanded bribe from him for sanctioning leave, the
charge against him was unsustainable.
Petitioner's plea raised in this behalf has been repelled by the Learned Special Judge on the ground that in view of the statements of the other
prosecution witnesses, supporting the constitution of the Trap team, recorded under Section 161 Cr.P.C, and recovery of the bribe money of 500
rupees from the petitioner, the latter statement of the complainant recorded under Section 164A Cr.P.C, giving a version contrary to the one
appearing in the complainant's statement under Section 161 Cr.P.C, cannot be considered to be evidence of clinching nature to disbelieve the
other evidence on records, which revealed prima facie commission of offences under the Prevention of Corruption Act and the Ranbir Penal Code
by the petitioner.
I do not find any error in the view taken by the learned Special Judge, for, the complainant's statement made under Section 164A Cr.P.C,
cannot be construed to nullify his earlier statement made under Section 161 Cr.P.C, supporting the prosecution case, unless he had subjected
himself for crossexamination by the prosecution during trial of the case.
That apart, in view of the other evidence available on the records, supporting the prosecution story of the complainant having paid the bribe
money to the petitioner, which was recovered from his possession in presence of the independent witnesses, I do not find any case to have been
made out by the petitioner, for quashing the criminal proceedings pending before the learned Special Judge AntiCorruption Srinagar.
Found to be without any merit, this Petition under Section 561A Cr.P.C is, accordingly, dismissed.