PANKAJ KUMAR Vs. CBI/ACB

JUDGEMENT

(1.) Heard Sri Vikas Srivastava, learned counsel for the applicant and Sri Gyan Prakash, learned counsel appearing for C.B.I. and Sri Amrit Raj Chaurasia, learned A.G.A. for the State.

(2.) This application under Section 482 Cr.P.C. has been filed with a prayer to set aside the impugned order dated 16.07.2018 passed by Special Judge, Anti Corruption C.B.I., Court No. 1, Ghaziabad, wherein the discharge application moved by the appellant in special case No. 02 of 2017, registered under Sections 120B I.P.C. & 7, 13(2)r/w/13(1)D of P.C. Act, Ghaziabad in pursuance of Crime No./F.I.R. No. RC 1202016A0010/2016, dated 23.08.2016 has been rejected.

(3.) The brief facts of the present case are that the First Information Report was registered on 23.08.2016 in pursuance of a complaint dated 22.08.2016 to C.B.I./ A.C.B., Ghaziabad alleging that the applicant has demanded an illegal gratification of Rs.1,40,000/- from the complainant Umesh Chandra for handing over/delivery of the aforesaid auction of trees. The applicant was arrested by the police and thereafter, he applied for bail and his bail was granted by this Court. The chargesheet was submitted against the applicant along with co-accused R.S. Waldia who was his subordinate by the C.B.I. on 21.10.2016 for the offence under Sections 7 and 13(2) read with Section 13(1)(d) of Prevention of Corruption Act and Section 120B IPC. The applicant has moved a discharge application before the trial court which was rejected vide impugned order dated 16.07.2018.