Honble SINHA, J.–Leave granted.

(2). Appellant is a Civil Engineer. He is employed in the Madhya Pradesh Electricity Board constituted in terms of Section 5 of the Electricity (Supply) Act, 1948 (for short, the 1948 Act). It is a body corporate and can sue and be sued in its own name under Section 12 thereof.

(3). He allegedly took illegal gratification from the complainant for the purpose of grant of an electrical connection. A trap was laid and Appellant was allegedly caught red handed with a sum of Rs.1,000/-, which was accepted by him by way of illegal gratification from the complainant.

(4). A charge-sheet was filed against him under Section 7 read with Section 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988 (for short the 1988 Act). An application was filed by him contending that he being not a public servant, his prosecution under the 1988 Act was not maintainable. The learned Trial Judge rejected the said contention. A Revision Application was filed by the appellant there against before the High Court, which was dismissed by the learned Single Judge of the High Court by reason of the impugned judgment dated 02.08.2006.

(5). Before the courts below as also before us,

Click Here to Read the rest of this document