JAYPAL SINGH RATHORE Vs. STATE OF M.P.

JUDGEMENT

(1.) This intra Court appeal is filed being aggrieved by the order dtd. 16/2/2022 passed by the learned Single Judge in dismissing the Writ Petition No.3622 of 2022 filed by the appellants herein,

(2.) The facts of the case are that on 23/7/2021, an FIR No.107 of 2021 was registered against the appellants by Special Police Establishment for the offence punishable under Sec. 7 of the Prevention of the Corruption Act 1988 (in short "The PC Act, 1988") read with Sec. 34 of IPC. The appellants were working on the date of FIR as Sub Inspector, Assistant Sub-Inspector and Constables at Police Station Shikarpura District Burhanpur respectively. According to FIR lodged by complainant Mr. Kadir Patel, it is alleged that between 15/7/2021 to 20/7/2021, the appellants have committed an offence under Sec. 7 of the P.C Act 1988 while accepting illegal gratification for releasing his vehicles. It is alleged that the complainant is in the business of buying and selling cattle. As and when any vehicle carrying cattle were plying on the road, the appellants would intercept them and demand illegal gratification for releasing the vehicles. It is the specific allegation in the FIR that on 15/7/2021, the appellant No.2 accepted bribe of Rs.8,000.00. A bribe of Rs.45,000.00 has been accepted by appellant No.1 through appellant No.3. After registration of the FIR, the investigation is in progress.

(3.) The respondents-Department taking into consideration the conduct of the appellants, issued the charge sheet on 8/1/2022 alleging therein the following misconduct: <IMG>JUDGEMENT_44_LAWS(MPH)3_2022_1.jpg</IMG> <IMG>JUDGEMENT_44_LAWS(MPH)3_2022_2.jpg</IMG> <IMG>JUDGEMENT_44_LAWS(MPH)3_2022_3.jpg</IMG>