RIPUN BORA Vs. STATE

JUDGEMENT

(1.) The present writ petition has been preferred by the petitioner seeking quashing of the RCAI 2008 A004 dated 02.06.2009 under sections 9 and 12 of the Prevention of Corruption Act (hereinafter to referred, as "PC Act") and all subsequent proceedings emanating therefrom against the petitioner.

(2.) The facts leading to the filing of present writ petition are that proceedings have been initiated against the petitioner upon registration of RCAI 2008 A004 under sections 9 and 12 of the Prevention of Corruption Act. The said RC was registered upon a written complaint by one Sh. A.B. Gupta, DSP CBI alleging that the petitioner had approached the complainant AB Gupta, through one Mr. Mukul Pathak and offered him illegal gratification for clearing his name from the murder case RC 5(S)/2005-Kol dated 06.06.2005 of one Danial Topno which was being investigated by the complainant. The name of the petitioner emerged as a suspect in the said murder case only upon the statement dated 29.05.2007 of one Sh. Kamal Nath under section 164 Cr.P.C. After investigation of the case RCAI 2008 A004, charge-sheet was filed by the CBI on 31.07.2008 and the learned CBI Special Judge took cognizance of the said case against the petitioner vide order dated 07.08.2008 under section 12 of the PC Act and 120-B of the IPC.

(3.) As per the chargesheet filed on 31.07.2008 before the CBI Special Judge, during April/ May 2008, petitioner Shri Ripun Bora alongwith one Mukul Pathak and one Ramesh Kumar Maheshwari entered into a criminal conspiracy in order to offer bribe to complainant Shri A B. Gupta for getting the name of the petitioner cleared from the murder case. In pursuance of the said criminal conspiracy, Shri Mukul Pathak on behalf on the petitioner, contacted Shri A.B. Gupta over telephone and fixed a meeting with Shri AB Gupta at Delhi on 16.05.2008 when Shri AB Gupta was on official tour to Delhi.