THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1655 OF 2010 ORDER: 1 The Anti Corruption Bureau (for short ‘ACB’), Visakhapatnam filed a charge sheet against the respondent herein, who was working as Town Planning Officer - cum - Building Overseer in the Municipal Corporation, Visakhapatnam, for the offences punishable under sections 13 (1) (d) (i) (ii) read with 13 (2) of the Prevention of Corruption Act, 1988 (for short ‘PC Act’) alleging that he being a public servant, colluded with the trespassers in the land in survey Nos.11 and 12 of Kaparada Village and allowed them to construct houses without permission. 2 The learned Special Judge, before framing of charges, having considered the said allegations, came to the conclusion that the petitioner cannot be prosecuted for the said offences and accordingly transferred the same to the regular criminal court. The same is challenged in this revision. 3. Upon a perusal of the charge sheet, filed by the Inspector of Police concerned and the order impugned, this Court is of the view that the respondent herein cannot be prosecuted for the said offences. The offences come into play only when there is any demand and acceptance of illegal gratification. Even from a reading of the charge sheet, it is clear that he is a public servant and he allowed some trespassers to occupy the land belonging to the Government and thus, allowed them to construct houses. In my considered view, the said allegation does not attract the provisions of section 13 (1) (d) and 13 (2) of the PC Act. If at all there is any act, the said act, in my considered view, would fall under the provisions of the IPC but not under the provisions of the PC Act. This aspect was dealt with by the learned Special Judge while transferring the matter to the Chief Judicial Magistrate for proper enquiry and trial. Thus, I see no merits in this revision and the same is liable to be dismissed. 4. Accordingly, the Criminal Revision Case is dismissed. ________________________________ GOPALA KRISHNA TAMADA, J October 25, 2010. kvsn