Jugnu Yadav v. Maniram Lahre

HIGH COURT OF CHHATTISGARH AT BILASPUR Order Sheet Criminal Misc. Petition No. 143 of 2017 Jugnu Yadav, S/o Shri Bal Roop Yadav, aged about 44 years, R/o Dangari, Post Suksha, OutpostPandrapat, Police Station- Bagicha, Tahsil- Bagicha, District Jashpur (C.G.) ... Petitioner Verus 1.

Maniram Lahre, S/o Late Kanhaiya Lahre, aged about 56 years, occupation- Chief Executive Officer (C.E.O.), R/o Village Pauna, Tahsil- Pamgarh, District Janjgir-Champa (C.G.) 2.

State of Chhattisgarh, through the Inspector of Police, Vigilance and Anti-Corruption Bureau, Raipur, Branch Bilaspur (C.G.) ... Respondents 02/02/2017 Mr. R.K. Bhagat, Advocate, for the PetitionerAppellant. Mr. Ashish Shukla, Govt. Advocate, for Respondent No.2-State.

Heard on application for grant of leave to appeal. The present application has been preferred seeking leave to appeal against the judgment dated 28.12.2016 passed by the Special Judge (Prevention of Corruption Act, 1988), Jashpur, in Special Criminal Case No. 3 of 2013. Vide the aforesaid judgment, the Court below has acquitted the Respondent No.1 from the charges under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

The perusal of the impugned judgment and also the evidence which have come on record, prima facie show that a strong case for grant of leave to appeal has been made out by the Appellant-Complainant.

Accordingly, the application for grant of leave to appeal is allowed.

Registry is directed to register the present case as a regular Acquittal Appeal.

The Acquittal Appeal is also heard on admission. The Acquittal Appeal is admitted for hearing. Let notice be issued to Respondent No.1 on payment of process fee as per rules.

Record of the Court below be also requisitioned. List the matter for final hearing in due course. The memo of appeal shows that instead of "Prevention of Corruption of Act, 1988", the PetitionerAppellant has mentioned "Anti-Corruption Act, 1988" in the memo of appeal.

Let necessary correction be carried out in this regard by the Petitioner-Appellant during the course of the day itself.

Sd/- (P. Sam Koshy) JUDGE Sharad