ABHAY KUMAR GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this Petition under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') petitioner has prayed for quashment of criminal proceeding pending before the Special Judge, Durg in special case No. 1/08 and quashment of the charge-sheet in crime No. 12/07 registered at Anti Corruption Bureau, Raipur against the petitioner.

(2.) As per brief facts, on the basis of copy of charge-sheet and other documents filed on behalf of the petitioner, present petitioner was working as Deputy Commandant in CISF, at the relevant time he was working at Durg. One main accused Pawan Kumar Lakhotia alias Pawan Maheshwari has tried to offer bribe of Rs. 5,00,000 to complainant Shri Tarachand Sahu then Member of Parliament a Public Servant for not taking any interest/ action against Pawan Kumar Lakhotia relating to his illegal and criminal activities. As per copy of documents, Pawan Kumar Lakhotia contacted with aforesaid Public Servant by telephone and has also met personally and requested him that by his act, he is in trouble. He also requested for withdrawal of complaint, he has also requested him that he has ready to please/serve him which he denied and directed that he is not a man of aforesaid nature and he is not in need of money. Thereafter on 31.7.2007 at evening present petitioner after obtaining permission to meet the Public Servant visited his office and met with complainant, during discussion with the complainant, present petitioner canvassed for main accused Pawan Kumar Lakhotia. He also told the Public Servant that Pawan Kumar Lakhotia is good man and he will send Pawan Kumar Lakhotia to him. He also told that without managing to all persons aforesaid work could not be possible, Shri Tarachand Sahu annoyed on petitioner and directed him not to send any person to him thereafter on 2.8.2007 Pawan Kumar Lakhotia told him that he is coming with Rs. 5,00,000. Report was made to State Anti Corruption Bureau, Raipur, a trap party was arranged, Pawan Kumar Lakhotia was caught red-handed while he was offering bribe of Rs. 5,00,000 to Shri Tarachand Sahu, a Public Servant. After completion of investigation, charge-sheet was filed before the Special Judge, Durg who took cognizance for the offence punishable under Section 12 of the Prevention of Corruption Act, 1988 (in short 'the Act').

(3.) Learned counsel for the parties are heard.