ARUN KUMAR GURJAR Vs. CBI

JUDGEMENT

(1.) Impugned order of 26th February, 2013 puts petitioner on trial in Criminal Complaint No. 50/2012 in RC No. CBI/ACU-I/RC-A0003/10 under Section 120B of IPC read with Section 7 of The Prevention of Corruption Act, 1988. The substratum of the charge framed against petitioner and his co-accused in this trap-case is as under:--

(2.) During the course of the hearing, attention of this Court was drawn by learned senior counsel for petitioner to pre-trap conversation (Annexure P-3) as well as spot conversation (Annexure P-4) to assert that there was no demand of any bribe by petitioner and there is no recovery of the bribe amount from him and petitioner was not even in the office where the bribe has been purportedly taken by his co-accused-Inspector Baljeet Singh and the disclosure statement of co-accused-Inspector Baljeet Singh is inadmissible.

(3.) Lastly, it was asserted by learned senior counsel for petitioner that petitioner's prosecution for the offence of criminal conspiracy is unwarranted as sanction under Section 197 of Cr. P.C. has not been taken. In support of the above submissions, reliance was placed upon decisions in R. Balakrishna Pillai v. State of Kerala and Anothers, 1996 1 SCC 478; Rakesh Kumar Mishra v. State of Bihar and Others, 2006 8 SCC 40; State of Orissa v. Ganesh Chandra Jew, 2004 8 SCC 40; State of H.P. v. M.P. Gupta, 2004 2 SCC 349; K.K. Verma v. State,1996 39 DRJ; Anjali Kumar v. State of Bihar, 2008 5 SCC 248; State of Maharashtra Vs. Budhikota Subbarao, 1993 3 SCC 339; Prakash Singh Badal v. State of Punjab, 2007 1 SCC 1; State of Madhya Pradesh v. Sheetla Sahai and Others, 2009 8 SCC 617; General Officer Commanding, Rashtriya Rifles v. Central Bureau of Investigation and Ors., 2012 6 SCC 228; A Subair v. State of Kerala, 2009 6 SCC 587; Banarsi Dass v. State of Haryana, 2010 4 SCC 450; Prem Raj Meena v. CBI,2011 1 JCC(Del) 102 rendered in Criminal Appeal No. 963/2008 and Roshal Lal Saini v. CBI .