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2013 Supreme(Ker) 289

A.HARIPRASAD
P. R. Paul – Appellant
Versus
State of Kerala Rep. By Public Prosecutor, High Court of Kerala – Respondent


Advocates Appeared:
For the Petitioner:Rajit, Ranjit Babu, Advocates.
For the Respondents:R1, Viju Thomas, Public Prosecutor, R2, S. Rajeev, N.K. Unnikrishnan, Advocates.

Judgment :

1. Crucial legal question arising for consideration is the following:

Whether the Collector defined in Section 3(c) of the Land Acquisition Act, 1894 or the Land Acquisition Officer discharging the functions of the Collector under the said Act is entitled to claim protection under the Judges (Protection) Act, 1985?

2. Shorn off unnecessary details, facts relevant for our purpose are the following:

Petitioner, the accused in C.C.No.17 of 2006 before the court of Enquiry Commissioner and Special Judge, Thrissur, is called up to answer a charge under Section 7 of the Prevention of Corruption Act, 1988 (in short, "the Act of 1988"). Allegation against the petitioner is that while he was working as Special Tahsildar and Land Acquisition Officer, he demanded bribe from the complainant, whose land admeasuring about 19 acres was acquired for an industrial development scheme. It is the further contention that the complainant refused to budge to the demand for illegal gratification of Rs.500/-per cent of land, and therefore the petitioner undervalued the property, causing great financial loss to the complainant. The complaint was forwarded to Police under Section 156(3) Cr.P.C. Aft






















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