KAMLAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this criminal application, filed under Sec. 482 of the Code of Criminal Procedure challenge is to the order dtd. 15/1/2020 passed by the learned Special Judge, Akola, whereby the learned Special Judge rejected the application made by the applicant/accused for his discharge in Special ACB Case No.01/2013.

(2.) Background facts:-

(3.) The accused, at the relevant time was District Vocational Education and Training Officer at Akola. The proposal was put up before the accused by non-applicant No.2 with necessary documents for approval and for issuance of no objection certificate. The accused, on 21/7/2007, issued a letter to the college and pointed out some discrepancies in the proposal. The college was called upon to rectify the discrepancies. The accused on 12/3/2007 personally visited junior college at Malegaon and discussed the issue with nonapplicant No.2. After due deliberation non-applicant No.2 promised that the proposal would be put up after removing the objections. It is stated that during the discussion, the accused demanded Rs.5,000.00 from non-applicant No.2 as a bribe for forwarding the proposal to the Government of Maharashtra. The accused further told non-applicant No.2 that the proposal would be rejected on a technical ground, if the amount demanded was not paid. Non-applicant No.2 initially expressed his inability to pay the amount in lump sum, but agreed to pay Rs.2,000.00 on 13/3/2007 as a part payment. Non-applicant No.2 visited the office of accused and submitted the proposal with necessary documents. It is stated that non-applicant No.2 was not willing to pay the amount. He, therefore, lodged the complaint against the accused. Anti Corruption Bureau Officer thereafter by following the procedure conducted the raid and apprehended the accused while accepting the bribe amount of Rs.2,000.00 on 13/3/2007. After investigation in the crime, charge sheet came to be filed. Learned Special Judge took the cognizance of the offence.