SPECIAL POLICE ESTABLISHMENT LOKAYUKT OFFICE Vs. INDERLAL DABI

JUDGEMENT

(1.) The Special Police Establishment Lokayukt has filed this appeal under Sec. 378 of Code of Criminal Procedure, 1973 against the judgment of acquittal of respondent No.1-Inderlal Dabi under Sec. 13(1)(d) and 13(2) of Prevention of Corruption Act (hereinafter referred to as 'PC Act') and Sec. 120-B of IPC and also against acquittal under Sec. 120-B of IPC of respondent No.2-Indresh Khillari. Indresh Khillari who has been convicted under Sec. 7, 13(1)(d) and 13(2) of PC Act and which he has already challenged by way of Criminal Appeal No. 11587 of 2022.

(2.) From 22/9/2014 to 27/9/2014 Indresh Khillari was posted as Upper Division Clerk in the office of Deputy Registrar, Cooperative Society, Indore. Inderlal Dabi was also posted in the said office but in housing branch as Upper Division Clerk. The Complainant Deepak Gurjar was holding the post of Vice President of Atharva Sehkari Sakh Sanstha Maryadit, Indore. He submitted a written typed complaint dtd. 22/9/2014 in the office of Lokayukt Indore that he is holding a post of Vice President of the Atharva Sehkari Sakh Sanstha Maryadit, Indore, for the registration of the society he submitted an application in the office of Registrar, Cooperative Department, Jail Road, Indore two months ago. For this work he met Indresh Khillari but he demanded Rs.15,000.00 as bribe, under the pressure he has given Rs.5,000.00 now he does not want to give him remaining Rs.10,000.00 and willing to catch him red handed.

(3.) The complaint was handed over to Anil Singh Chouhan for investigation by the Superintendent of Police the Special Police Establishment (Lokayukt). The complainant was given a voice recorder to record the conversation with Indresh Khillari. He met with Indresh Khillari on 22/9/2014 with shadow witness and recorded a conversation of demand of bribe of Rs.10,000.00, . He was directed to give bribe money on 26/9/2014 at 4 pm in his office. After verification of the demand of bribe another complaint was obtained from the complainant, thereafter a Dehati Nalish was registered on 26/9/2014 under Sec. 7 of the PC Act. Trap team was organized by calling 2 panch witnesses, the complainant was directed to arrange currency of Rs.10,000.00 and accordingly the complainant arranged Rs.10,000.00 and handed over to the Inspector who applied the phenolphthalein powder in the said currency for the purpose of trap of Indresh Khillari.