SATYA PRAKASH SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of this Criminal Misc. Application moved under Section 482 Cr.P.C., a prayer has been advanced to quash the entire proceedings of Sessions Trial No. 60 of 2006 State Vs. Satya Prakash Sharma initiated against him by order of cognizance dated 29.06.2006 passed by learned Special Judge, Dehradun for the offence under Section 7/13(D) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (for brevity, hereinafter called as "Act") pertaining to Police Station Gangnahar, Roorkee, District Haridwar.

(2.) Having heard learned counsel for the petitioner and learned Brief Holder for the State, the facts shorn off unnecessary details are that Satya Prakash Sharma was posted as ministerial staff in the office of Inspector General, Prison, Uttarakhand at Dehradun and Raj Bahadur Saini was working as Reserved Guard, posted in Sub Jail, Roorkee, District Haridwar. Satya Prakash Sharma allegedly intimidated Raj Bahadur Saini, by his visit to Roorkee, that latter's transfer to Almora is under consideration on the basis of some complaint received in the office of Inspector General, Prison. Receiving this information, Raj Bahadur Saini became perplexed and requested petitioner Satya Prakash Sharma to manage the affairs, in such a way, so as to absolve him from the trouble of transfer. Satya Prakash Sharma allegedly demanded Rs. 5000/- for this task, which was acceded by Raj Bahadur Saini to be paid on 14.12.2005 at the return of Satya Prakash Sharma to Roorkee. Probably, Satya Prakash Sharma used to run, to and fro, from Roorkee to Dehradun because Roorkee was a place where family of petitioner was settled.

(3.) Meanwhile, Raj Bahadur Saini arranged to invoke the cognizance of Anti Corruption Authorities, which paved the way to raid Satya Prakash Sharma, at the time of receiving illegal gratification. Thus, Satya Prakash Sharma caught red handed by Anti Corruption Officials on 14.12.2005 at 08.40 p.m. in front of Sub Jail, Roorkee when he was receiving the chemical quoted currency notes from Raj Bahadur Saini. After registration of the case, which resulted into submission of the chargesheet as stated above, learned Judge, Anti Corruption took cognizance impugned. The submission of the chargesheet and order of cognizance is under challenge by Satya Prakash Sharma.