VIKAS KESARWANI Vs. STATE OF M. P.

JUDGEMENT

(1.) Petitioner has filed this criminal revision under Section 397 read with Section 400 of Cr.P.C. assailing the order dated 23.10.2019 passed by Special Judge (PC Act), Datia in Special Sessions Trial No. 1/2018, whereby the charges have been framed against the petitioner for the offences punishable under Section 120 of Indian Penal Code, read with Sections 7 and 13(1) of Prevention of Corruption Act, 1988.

(2.) According to prosecution's case, relevant facts are that on 5.8.2016 Kamlesh Gupta (complainant) submitted a complaint to the Superintendent of Police, Special Police Establishment Lokayukta, Gwalior against V.K.Sharma, Junior Engineer (JE) MPEB, Tharet to the effect that for installing D.P. (transformer) at the agricultural land of his father said V.K.Sharma is demanding bribe of Rs.20000/- and I want to get him caught red-handed while taking bribe. To verify the complaint, Shailesh Govil, Inspector posted in Special Police Establishment, Lokayukta, Gwalior enquired into the matter and gave a digital voice recorder to the complainant for recording the conversation of bribe and Constable Hemant Sharma was sent with the complaint for monitoring. On 9.8.2016 complainant along with Constable Hemant Sharma appeared before Shailesh Govil in the office and submitted application, on which Incharge Superintendent of Police had directed the Inspector for taking action. Thereafter the digital voice recorder was returned by the complainant. A Panchname to that effect was prepared in presence of panch witnesses. Complainant informed that said V.K.Sharma had demanded bribe of Rs.20000/- and this conversation he has recorded in the voice recorder which was heard in presence of witnesses. The fact of taking bribe stood confirmed, thereafter transcript was prepared. The accused was confronted with his voice. Memo under Section 65-B of Evidence Act was prepared and three CDs of recorded conversation were prepared, sealed and kept in three envelopes separately. On the basis of complaints dated 5.8.2016 and 9.8.2016 and the transcript as well, criminal law was triggered and set in motion. The investigating agency investigated the matter and prima facie it was found that V.K.Sharma, Junior Engineer was involved in the offence under Section 7 of the Act.

(3.) After the investigation was over, charge sheet was filed before the Special Judge (PC Act), Datia against the accused persons including the petitioner. Thereafter, the Special Judge framed the charges against the petitioner for the offences punishable under Section 120 of Indian Penal Code read with Sections 7 and 13(1) of the Act. Hence, the petitioner has filed this criminal revision.