YEMMIGANUR SHIVA REDDY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Revision Application is filed by the applicant assailing the order passed by the Sessions Judge, Thane in ACB Case No.2/2017, which has refused to discharge him from the ACB Case No.2/2017 registered against him by invoking Sec. 12 of the Prevention of Corruption Act, 1988.

(2.) Heard learned Senior Counsel Mr Ashok Mundargi along with Advocate Pravada Raut for the applicant. The learned Additional Public Prosecutor Mr S.R. Agarkar has opposed the application in the presence of Mrs. Ashwini Patil, Deputy Superintendent of Police, ACB, Thane.

(3.) The applicant was arraigned as an accused in connection with FIR bearing no.II-54/2016 registered with Kasarvadavali Police Station on 29/4/2016, at the instance of one Mr Dhananjay Gawade (the informant). The informant approached the S.P. (ACB) on 16/4/2016 with a complaint disclosing that he was an elected corporator of Shivsena from Vasai Virar Municipal Corporation since 2015 and in the corporation region, the accused (the applicant) was working as Deputy Director of Town Planning. He alleged that in the said capacity, he has issued commencement certificates to various illegal constructions as well as to the builders and this has constrained him, as a public representative, to file various complaints in Tulinj, Nalasopara and Virar Police Station. He also instituted several petitions in the High Court against the Vasai Virar Municipal Corporation. He alleged that on 13/4/2016, he was called by the applicant to a location on Ghodbunder road and was offered a bribe amount of Rs.1.00 crore, so that the complainant shall not file any further complaint against him. It was alleged that the applicant tried to pay a part of the bribe amount of Rs.10.00 lakhs on the spot to him but he refused to accept the same and, therefore, he lodged the complaint with ACB, Thane.