MAHENDRA KUMAR DWIVEDI Vs. SPECIAL POLICE ESTABLISHMENT

JUDGEMENT

(1.) By the present petition under Article 226 of the Constitution of India, petitioner is seeking relief of quashing the FIR bearing Crime No. 5/2015 dated 04.01.2015 under Section 7, 13 (1)(d) and Section 13 (2) of Prevention of Corruption Act, 1988, registered by Special Police (Lokayukt), Bhopal against the petitioner.

(2.) Facts relevant for disposal of this petition, in nutshell are that during the relevant period the petitioner was posted as District Education Officer (for short the D.E.O.), Panna. Complainant-Ravishankar Danayak was attached to the Office of D.E.O. in capacity of Teacher. He had made application to the petitioner on three occasions for his posting but he was not posted anywhere. When he met the co-accused Khuman Prajapati, posted in Office of D.E.O., he was told to pay illegal gratification then only he would get the posting order. On this, complainant Ravishankar Danayak made a written complaint to the Superintendent of Police, Special Police Establishment (Lokayukt), Sagar stating these allegations. On basis of complaint, a Digital Voice Recorder was given to the complainant for recording the conversation. After obtaining the recorded conversation a trap was set up and according to prosecution Rs. 10,000/- was recovered from co-accused who had received the illegal gratification on behalf the petitioner.

(3.) At that time petitioner was also present in his office. The document pertaining to posting of the complainant was also seized. The complainant has made specific allegation against the petitioner. On the basis of written complaint given by complainant and completing the trap proceeding, FIR had been lodged by respondent. The investigation is in process.