KISHORE KHANCHAND WADHWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners have approached this Court praying for quashing and setting aside of proceedings of Special Case No.26 of 2014 as well as the Order dated 08/02/2019 passed by the Special Court for ACB Cases, Greater Mumbai in ACB Special Case No.26 of 2014. The said case was initiated against the petitioners under Section 7 read with Section 12 of the Prevention of Corruption Act, 1988 (for short, "the PC Act") on a complaint being filed by one Mr. Mahendra Janrao, who at the relevant time, was a Police Sub-Inspector attached to the Azad Maidan Police Station, Mumbai.

(2.) The complaint filed by Mr. Mahendra Janrao contained the following imputations:

(3.) Pursuant to these events taking place, the complainant lodged a complaint against the accused persons for offering him bribe and an FIR was registered and the ACB set up a trap along with the trapping team. The trap was scheduled at the Police Station in the evening and when the trapping team along with pancha proceeded at the spot, the petitioners were seated in the cabin in the Police Station. The complainant switched on the recording device and recorded the conversation regarding bribe and the petitioners gave an amount of Rs.5,00,000/- to the complainant. As pre-decided, the complainant stepped out of the cabin and gave a signal to the Respondent's team, who entered inside the cabin and apprehended the petitioners.