SHISHIR KUMAR SINHA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This petition has been preferred, under Section 482 of the Code of Criminal Procedure (for short "the Code"), challenging the order dated 29.5.2013 passed by the Special Judge (for CBI cases), Jabalpur in Special Case No.01/2013, whereby the application filed by the petitioner, under Section 91 of the Code, was rejected.

(2.) Brief facts of the case are that on 25/11/2012 complainant Kaustubh Verma, Proprietor of "Skolars" Coaching Classes, 428, New Adarsh Nagar, Jabalpur, lodged a written complaint against the petitioner, who at the relevant time was posted as Inspector, Preventive Branch, Service Tax, Central Excise, Jabalpur, to the effect that two months back, petitioner had visited his Coaching Centre and apprised him to obtain service tax registration, as well as, to file regular returns. After few mobile conversations between them, in the first week of November 2012, the petitioner again contacted the complainant and demanded a total bribe of Rs. 2 lacs threatening that on failure to pay the same, a service tax raid would be conducted at the coaching premises by Service Tax Department of Central Excise. Pursuant to the said information, a trap was laid and co-accused Deepak Dwivedi was caught red handed taking bribe of Rs.50,000/- on behalf of the petitioner. During investigation, conversations between the two were also recorded.

(3.) Learned counsel for the petitioner submitted that the letters sent for obtaining sanction from the CBI were not filed along with the charge-sheet. Moreover, call detail records of the two mobile numbers seized from the possession of complainant for the period 1/7/12 to 31/1/13 were also necessary for effective adjudication of the case to establish the conversations between the petitioner and the complainant. According to him, call details of two independent witnesses viz. Kundan Kumar Mishra and Piyush Prakash, were also necessary in the facts and circumstances of the case.