A K GUPTA Vs. STATE

JUDGEMENT

(1.) In this country a folklore goes that if you are caught taking bribe you can get scot free by giving bribe. In this case, CBI intended to prove the same.

(2.) The petitioner in this case was caught accepting bribe from a complainant who had official business pending with the petitioner, working as Engineer in the department where a trap was laid on the basis of a complaint lodged on 17th November, 1990. The petitioner was caught red handed on 19th November, 1990 at Room No. 22, First Floor of Hotel Maharaja, in the evening in the presence of shadow witness. The investigation was referred to CBI, CBI did not file result of investigation for 11 long years in a trap case where the investigation would not have taken more than few days. Ultimately, the CBI filed a closure report after 11 long years. The CBI had no explanation as to why the result of investigation was not filed for all these years. In view of this state of affairs, the only thing that comes to mind is the folklore as quoted above.

(3.) The closure report filed by the CBI was not accepted by the Special Judge of CBI as the Special Judge found that the reasons given in the closure report were flimsy, not convincing and vague. It was found that CBI had not investigated the case properly and had unnecessarily doubted the credibility of the complainant. The learned Special Judge passed a detailed order as to why the closure report was not being accepted and gave directions for further investigation. He also directed that an investigation should also be done into the aspect of delay of 11 years in filing the closure report. After passing of this order by the Court of Special Judge on 4th May, 2002, it took CBI approximately another 7 years to file charge-sheet and the charge-sheet was filed against the petitioner on 18th February, 2009. The Special Judge then took the cognizance of the offences vide order dated 28th February, 2009.