RAJESH DANDOTIYA S/O RAMJILAL Vs. STATE OF MADHYA PRADESH THROUGH SPECIAL POLICE ESTABLISHMENT LOKAYUKTA OFFICE GWALIOR

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the CrPC for quashment of FIR registered as Crime No.244/2016 by Special Police Establishment, Lokayukta, Gwalior under Section 7 of the Prevention of Corruption Act, 1988 (for brevity, the 'PC Act') and for quashing the relating charge sheet filed against him in the abovementioned crime.

(2.) According to prosecution's case, relevant facts are that on 27.7.2016 complainant/present respondent No.2- Narayan Singh Baghel filed a typed complaint in the office of Lokayukta Gwalior to the effect that Revenue Inspector Rajesh Dandotiya is demanding a bribe of Rs.10000/- regarding pending application submitted on behalf of his father for demarcation of his agricultural land. After receiving the complaint, under instruction of Police Superintendent, Inspector Rajiv Gupta handed over a government voice recorder to complainant on 27.7.2016 for recording his conversation to be happened in future with the present petitioner regarding demand of bribe amount and a Police Constable Dheeraj Naik was also sent along with the complainant but on 28.7.2016 complainant returned back the sealed envelope of voice recorder with a subsequent application to the effect that on 27.7.2016 conversation with the present petitioner could not be possible. On 28.7.2016 at 10=00 am complainant met with Rajesh Dandotiya at his residence situated at Harishankarpuram, Gwalior and talked with him wherein bribe of Rs.10000/- was demanded by the present petitioner and in first instalment payment of Rs.5000/- was decided and the relevant conversation was recorded by the complainant in given voice recorder and later on the relating voice recorder in a sealed envelope was returned back in the Lokayukta Office. Thereafter, a letter was sent to Collector, Gwalior for providing two Gazetted Officers as panch witnesses during trap proceeding. Two Gazetted Officers were provided and in their presence the sealed voice-recorder's envelope was opened and conversation was heard repeatedly and transcript of conversation was recorded and a certificate under Section 65-B of the Evidence Act was prepared. Under preliminary panchnama proceeding, Rs.5000/- submitted by the complainant were treated with phenolphthalein powder and treated notes were kept by Head Constable in worn shirt's left pocket and after preparing preliminary panchnama trap party proceeded for Tahsil Chinor and reached the present petitioner's office, but on that day the present petitioner was not available in town Chinor, thereafter complainant talked with Rajesh Dandotiya on mobile and next Thursday was appointed for delivery of first instalment of the bribe amount. On 4.8.2016 complainant Narayan Singh submitted an application to the Police Superintendent Lokayukta, Gwalior to the effect that now there is no possibility of taking bribe by Rajesh Dandotiya as he is having suspicion in relation to complainant and, therefore, it was demanded that the bribe amount Rs.5000/- be returned to him. The relating amount was returned back to the complainant and in relation to unsuccessful trap proceeding, separate panchnama was prepared. In the investigation, Rajesh Dandotiya was interrogated on 19.9.2016 and on 19.9.2016 he was arrested and thereafter written notice for providing sample of his voice was sent to him but Rajesh Dandotiya submitted a written application to Superintendent of Police Lokayukta that he is not desirous for voluntarily giving sample of his voice. Rajesh Sharma (Dandotiya) was released on bail. Call details of present petitioner's mobile No. 8871993239 and complainant Narayan Singh's mobile No. 9753199283 were received through S.P. Gwalior from the relating office. After completing formalities of the investigation, prosecution sanction dated 9.6.2017 of the Additional Secretary, Revenue Department, Government of MP, Bhopal was obtained and thereafter charge sheet was submitted.

(3.) Petitioner has filed this petition under Section 482 of the CrPC on 22.8.2017 on grounds that he has been falsely implicated by the complainant and he never demanded any bribe amount from the complainant. Despite his several attempts, his voice sample was not taken by the investigating agency and still he is ready to provide his voice sample but with an oblique motive intentionally his voice sample was not taken. Prima facie, no ingredient of Section 7 of the PC Act is appearing against him, therefore, relating FIR and charge sheet is also liable to be quashed as the produced case diary's relating conversation by the prosecution along with charge sheet is not containing his voice. Therefore, it is prayed that above-mentioned FIR and resultant charge sheet be quashed.