AMIT KUMAR Vs. SPECIAL POLICE ESTABLISHMENT

JUDGEMENT

(1.) This criminal revision has been preferred under Section 397 , 401 of the CrPC against the order dated 17/12/2019 passed by First Additional Sessions Judge and Special Judge (Prevention of Corruption Act), District Shivpuri in case No.04/2019 S.S.T., by which charges were framed against the revisionist under Sections 07 , 13 (1) (d) and 13 (2) of Prevention of Corruption Act and under Section 120-B of IPC and application filed by the revisionist under Section 227 of CrPC was rejected.

(2.) The facts in short are that complainant Mukesh Rawat, who is working as electrical contractor along with Sanjay Kushwah in MPMKVVCL, made a complaint before S.P., Lokayukta, Gwalior alleging therein that Amit Kumar, J.E. of Rannod Area is demanding bribe of Rs.9500/- for approval of the estimate. Thereafter, S.P., Lokayukta conducted a trap wherein revisionist Amit Kumar vs. Special Police Establishment, Lokayukta, Gwalior Amit Kumar and one other person named Moolchand Pathak were arrested. Moolchand Pathak was caught with tainted money in his possession. After investigation, charge-sheet was filed and charges were framed by the trial Court.

(3.) Learned counsel for the revisionist has submitted that the impugned order is arbitrary and has been passed without application of the judicial mind. The prosecution has failed to establish prima facie case against the present revisionist as there was no motive/demand/recovery of amount from the present revisionist and phenolphthalein test is also not against the present petitioner. The petitioner has been falsely implicated in this case. No case is made out against the present revisionist. Hence, prayed to set aside the impugned order and discharge the petitioner from all the charges.