KRISHNA KUMAR SAHU Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226/227 of Constitution of India has been brought with prayer for issuance of various writs, for calling of records, for special investigation in the matter against the respondent No.10, for order of constitution of special investigation team and various other reliefs.

(2.) Counsel for the petitioners submits that petitioner No.1/complainant filed an application U/s. 156 (3) of Cr.P.C. before the Special Court, Dhamtari against respondent No.10, alleging in it that respondent No.10 is holder of disproportionate assets. On orders of Special Court, an enquiry was made by EOW and report was submitted by the Anti Corruption Bureau dated 12.06.2014 according to which, no cognizable offence is made out against respondent No.10. It is Page No.3 submitted by the counsel for the petitioners that it is a finding in the report of the enquiry officer that property valued at Rs.24,10,426/- was found in excess to the earnings of the respondent No.10 during the check period. It is submitted by the counsel for the petitioners that on the basis of this report, the Special Court was bound to order for filing of charge-sheet. It is further submitted that petitioner No.1/complainant was coerced and threatened by respondent No.10 to withdraw the complaint against him, hence under coercion, petitioner No.1 was compelled to file application before the Special Court for withdrawal of complaint on which the order dated 05.07.2014 (Annexure P/1) was passed. It was under the duress that petitioner No.1 was compelled to file application before this Court in with prayer to send the record of the case to the trial Court for passing appropriate order on the application made by the petitioner No.1.

(3.) It is submitted by counsel for petitioners that for purpose of coercion and threatening the petitioner No.1, false complaint was filed against him by one Bajrang Agrawal (Annexure P/29). On the basis of which, an FIR was registered against petitioner No.1, in P.S. - Rudri for offence U/s. 384 of Indian Penal Code. Later on petitioner No.1 was acquitted from the prosecution based on that FIR because complainant, Bajrang Agrawal turned hostile before the Court. Just prior to the filing of application before the Special Court below for withdrawal of application under Section 156 (3) of Cr.P.C., on 05.06.2014, one application was filed by Bajrang Agrawal in P.S. Rudri on the same date with prayer not to proceed against petitioner Page No.4 No.1 on the basis of complaint made by him. It is further submitted that petitioner No.1 had to file an application before Superintendent of Police, Dhamtari on 22.02.2014 to provide protection. All these facts shows that how the petitioner No.1/complainant was entrapped and coerced to withdraw the application filed by him before the Special Court in well planned manner.