APPA NINAJI DAMBRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel appearing for the respective parties. Admit. Heard finally by consent.

(2.) By this application under Sec. 482 of the CrPC, the present applicant is seeking quashing of FIR in connection with Crime No.3049/2013 registered with non-applicant No.1 police station for offences under Ss. 7, 10, 12, 13(1)(d), and 13(2) of the Prevention of Corruption Act, 1988 (the P.C.Act) and consequent proceeding arising out of the same bearing Special Case (ACB) No.18/2015 pending before learned District Judge-2, Akola.

(3.) Non-applicant No.2 (the complainant), serving as Health Assistant at Kurum, in Primary Health Centre, Zilla Parishad, taluka Murtijapur, district Akola approached the office of the Anti Corruption Bureau (the office of the bureau) with an allegation that he approached the applicant, serving as Administrative Officer, Zilla Parishad, Akola, for the purpose of his promotion. At that time, the applicant has demanded Rs.50,000.00 for sending file of the complainant for regularization of suspension and promotion to the General Administration Department. Since the complainant did not want to pay the bribe amount, he approached the office of the bureau and lodged a complaint. After receipt of the complaint, officer of the bureau conducted pre-verification and verification panchanamas. The conversation recorded between the complainant and the applicant disclosed that there was a demand of Rs.50,000.00 from the complainant and, therefore, a raid was conducted. The investigating agency also collected spectrographic report of all verification panchanamas. During the investigation, pre-trap and posttrap panchanamas are drawn and the applicant was found accepting the amount of gratification and, therefore, after completion of the investigation, chargesheet was submitted against the applicant.