JUDGMENT

Chinnappa Reddy, J. - Abdul Rehman Antulay was the Chief Minister of the State of Maharashtra till January 12, 1982. While he was yet holding the office of the Chief Minister, one Ramdas Shrinivas Nayak, an erstwhile member of the Maharashtra Legislative Assembly, professing a keen interest in clean administration and so keeping a watchful eye on centers of power and sources of corruption, filed a complaint against Shri Antulay, in the court of the Metropolitan Magistrate, 28th Court, Esplanade, Bombay charging him with the commission of offences punishable under sections 161 and 185 of the Indian Penal Code and 5 of the Prevention of Corruption Act. The substance of the allegation was that Shri Antulay founded and controlled a number of trusts called by various names, freely and falsely making it appear that the Prime Minister and the Government of Maharashtra were either ill tested or had sponsored the trusts, collected contributions and donations for the alleged benefit of the Trusts by misuse of the position and power by dispensing favors and holding out threats, and, thereby placed himself in a position where he could juggle and manipulate a sum of over Rs. Five crore