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Issues involved: Alleged bribery for providing electric connection, framing of charges, exercise of powers u/s 482 Cr.P.C.
Alleged bribery for providing electric connection: The appellant was accused of demanding a bribe of Rs. 1200 for providing an electric connection, leading to a trap set by the police. Currency notes dusted with phenolphthalein powder were paid to an individual as per the appellant's directions. The trial court framed charges against one individual but discharged the appellant. The High Court, in a revision petition, set aside the trial court's order and directed charges to be framed against the appellant under the Prevention of Corruption Act. Framing of charges: The High Court, exercising powers u/s 482 Cr.P.C., set aside the trial court's order discharging the appellant, stating that it resulted in an abuse of the court's process. The court highlighted the inherent powers of the High Court to secure the ends of justice and prevent abuse of process. The court emphasized that the appellant should have been given an opportunity to be heard before setting aside the discharge order. Exercise of powers u/s 482 Cr.P.C.: The High Court's decision to set aside the discharge order and remand the case back for fresh orders was based on the principle that every court has inherent power to ensure justice and prevent abuse of process. The court acknowledged the need for the appellant to be heard before passing such orders, emphasizing the importance of affording due process. The case was remanded back to the High Court for fresh orders after hearing the appellant's counsel on the question of framing charges under the Prevention of Corruption Act.
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