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2011 Supreme(AP) 450

SAMUDRALA GOVINDARAJULU
State: Inspector of Police, Anti-corruption Bureau, Visakhapatnam – Appellant
Versus
Upadyayula Subrahmanya Sharma – Respondent


Advocates appeared:
For the Appellant:Ghani A. Musa, Advocate.
For the Respondent:K. Srinivas, Advocate.

Judgment :

1) The accused/respondent was working as Assistant Engineer (Mechanical), Andhra Pradesh State Road Transport Corporation (A.P.S.R.T.C), Waltair Depot, Visakhapatnam. The Special Judge for A.C.B Cases, Visakhapatnam in C.C. No.59 of 2009 (old C.C. No.8 of 1996) by the impugned judgment dated 27.01.2004 acquitted the accused of the charges under Sections 7 and 13(1)(d)/13 (2) of Prevention of Corruption Act, 1988 (in short, the Act).

2) P.W-1 was working as Deputy Superintendent (Mechanical) in the same Waltair Depot of A.P.S.R.T.C at Visakhapatnam during the relevant time. In September, 1993 there was inspection by Divisional Manager and Depot Manager of Waltair Depot and stopped P.W-1’s incentive on the ground that washing and cleaning of buses were not proper. Therefore, P.W-1 intended to put in an application to the higher authorities for release of incentive to him. The said application has to be routed through the accused who was his superior in the same department. It is alleged that on 27.09.1993 when the P.W-1 approached the accused along with his application, the accused did not oblige his request and demanded Rs.150/-as illegal gratification to send his applicat














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