STATE OF RAJASTHAN Vs. RAJ KUMAR AGARWAL

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, filed by the State of Rajasthan is directed against judgment and order dated 10/9/2009 delivered by the High Court of Rajasthan in Cri. Misc. Petition No.307 of 2009 filed by respondent 1 herein " Dr. Rajkumar Agarwal under Section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code "). By the impugned judgment, a learned Single Judge of the High Court has quashed the complaint filed against respondent 1 by one Sohan Lal (the complainant) alleging that respondent 1 demanded Rs.5,000.00 as illegal gratification for performing the operation of Smt. Sita Devi, whom he treated as his aunt. The question before this court is whether the exercise of powers under Section 482 of the Code by the High Court to quash the complaint was warranted in the facts of this case.

(3.) It is the case of the petitioner that on the same day at about 11.00 a.m., a blank cassette "A " was inserted in a small tape-recorder and handed over to the complainant at the ACB Office. The complainant was explained about its functioning. Mr. Jagdish Rai, Ct.No.179 was sent along with the complainant to Suratgarh for verification of the demand of bribe. At 5.00 p.m., both the complainant and Mr. Jagdish Rai returned to the ACB office. The tape-recorder was played and the demand was found corroborated. Its memo was prepared and the cassette was sealed and labelled. It is the case of the appellant that preparation for trap was made. Two independent witnesses i.e. Mr. Darshan Singh, Assistant Engineer and Mr. Kripal Singh, Assistant Project (Samanvayak) Office, Sarva Shiksha Abhiyan, Sriganganagar were introduced to the complainant. Currency notes of Rs.1,500.00 produced by the complainant which were to be handed over to the appellant were smeared with phenolphthalein powder. The necessary procedure was followed. A new blank cassette was inserted in the tape recorder and it was handed over to the complainant. On 12/12/2007, the Additional Superintendent of Police along with the complainant, the two independent witnesses and others left for Suratgarh. The complainant was given necessary direction for contacting respondent 1. The trap party waited there. The complainant came out of the residence of respondent 1 and gave fixed signal to the Additional Superintendent of Police. The raiding party along with the independent witnesses went to the complainant, who stated that respondent 1 had kept the bribe money of the complainant in the drawer of his table. The conversation of respondent 1 and the complainant was heard on the tape recorder. Thereafter, the raiding party, two independent witnesses and the complainant went inside the house of respondent 1. Upon being questioned, respondent 1 stated that he had kept the money in the drawer of his table. The money was recovered and hand wash of respondent 1 was taken which turned pink. After following the necessary formalities, FIR came to be registered under Sections 7 and 13(1)(d)(2) of the Prevention of Corruption Act, 1988 (for short, "the PC Act ") at Police Station, ACB Chowki, Sriganganagar, against respondent 1. Sanction for prosecution was obtained from the competent authority on 23/6/2009.