LAXMI PRASAD MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision has been filed under Section 397 of the Code of Criminal Procedure against the order dated 14/11/2017 passed by learned Special Judge (Prevention of Corruption Act), Anuppur, District Anuppur in Special Case No.1/2016, whereby learned Special Judge framed the charge against the applicant for the offences punishable under Section 120-B of the IPC, Section 7 of the Prevention of Corruption Act read with Section 120-B of the IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act read with Section 120-B of the IPC.

(2.) Brief facts of the case are that on 17/05/2015 complainant Devkan Karwaria lodged a written complaint to Special Police Establishment, (Lokayukat) Rewa (in short 'SPE, Rewa') averring that he was resident of Anuppur and was working as petty contractor. Sankalp Construction Company, proprietor Omprakash Sharma, resident of Chitrakoot, District Satna obtained a contract to construct five fish rearing ponds at village Khoka under Rural Engineering Service Division, Anuppur. Thereafter, after executing the contract, Proprietor Omprakash Sharma gave the same to the complainant for completion. The alleged work was completed by the complainant. Thereafter, when the complainant approached the applicant, the then Executive Engineer, Rural Engineering Service, Division Anuppur for payment of bills and issuance of work orders, he demanded Rs.50,000/- from the complainant for performing the said work as illegal gratification. Similarly, co-accused Bhudhsen Kumhar, the then Accountant of the Office of Rural Engineering Service, Division Anuppur also made demand of Rs.4,500/- from him as illegal gratification for preparing the documents and putting them before competent authority. After verifying the complaint SPE, Rewa registered Crime and arranged the trap. On 25/05/2015 officers of SPE, Rewa caught the applicant red handed taking bribe of Rs.40,000/- from the complainant and also caught the coaccused Budhsen red handed for receiving an amount of Rs.4,500/- in their chambers in office of Rural Engineering Service, Division Anuppur. Thereafter, SPE, Rewa filed charge-sheet against the applicant and coaccused before Special Judge, Anuppur for the offences punishable under Sections 7, 13(1)(d), 13(2) of the Prevention of Corruption Act and Section 120-B of the IPC .

(3.) On that charge-sheet learned Special Judge registered Special Case No.1/2016 and vide order dated 14/11/2017 framed charge against the applicant under Section 120-B of the IPC and Section 7 of the Prevention of Corruption Act read with Section 120-B of the IPC, Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act read with Section 120-B of the IPC. Being aggrieved by the same, applicant has preferred this revision.