KISHORE JOSHEPH JOB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners have challenged the common order is the specialjudge, Nagpur rejecting their applications for discharge dated 21-12-1999 and 16-3-2000 respectively on 28-7-2000.

(2.) A brief resume of the facts leading to the present petitions can be stated as under : in 1989 petitioner Kishore Joseph Job was serving as Police Sub-Inspector in Special Branch, Foreigners Registration Office and Passport Branch nagpur. Petitioner Madhukar Laxman Jadhao was serving as Police Constable in the said Branch. On 19-4-1989 one Allamoddin Rahemoddin a Pakistan National had come to the Foreigners Registration Office and asked the staff to take entry of his arrival. He was asked to bring two passport size photographs. On 20-4-1989 he came back to the said office along with the photographs. Some printed forms were given to him and after they were filled in by him, passport was prepared. He was asked to come on the next day for collecting the passport. On 21-4-1989 he again came to the said office for collecting his passport.

(3.) IT is alleged that on 21-4-1989 petitioner Job told Allamoddin that he did not promptly reopen his arrival there was delay in repornning the same that he will be prosecuted for delayed reponning and if he does not want to be prosecuted he will have to pay Rs. 200/ -. Allamoddin agreed to pay Rs. 200/- by 4 to 5 p. m. Allamoddin straightway went to Anti-Corruption Bureau and lodged complaint against petitioner Job. On the same day a trap was laid, it is alleged that the amount was handed over to petitioner Jadhao. However, the tainted notes were collected from varandah where they were lying on the ground. Thereafter Crime No. 304 of 1989 under sections 7, 12, 13 (l) (d)read with section 13 (2) of the Prevention of Corruption Act was registered at Police Station Sndar. After investigation charge-sheeted was presented before the Special Judge, Nagpur on 26-3-1999, it was registered as Special case No. 7 of 1999.