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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 1279 of 2002

PETITIONER:

State of Karnataka through CBI

RESPONDENT:

C. Nagarajaswamy

DATE OF JUDGMENT: 07/10/2005

BENCH:

S.B. Sinha & R.V. Raveendran

JUDGMENT:

J U D G M E N T

WITH

CRIMINAL APPEAL NO. 137 OF 2003

State of Karnataka through CBI \005Appellant

Versus

M.K. Vijayalakshmi \005Respondent

S.B. SINHA, J :

Interpretation of Section 300 of the Code of Criminal Procedure (for

short "the Code") is in question in these appeals which arise out of

judgments and orders dated 9.1.2002 and 10.4.2002 in Criminal Petition

Nos. 330 of 2000 and 4007 of 2001 respectively passed by the High Court of

Karnataka at Bangalore.

We will notice the fact of both the appeals separately.

Criminal Appeal No. 1279 of 2002

The Respondent herein was working as a Junior Telecom Officer in

Shankarapuram Telecom Exchange. One R. Veera Prathap made a

complaint that he had demanded an illegal gratification for showing official

favour whereupon a case in Crime No. R.C. 34A/19