ROHIT PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By way of this petition under Section 482 of Cr.P.C. the applicant has prayed for quashing of the criminal proceedings registered against him as Special Case No.06/2017 pedning before Special Judge (Prevention of Corruption) Act, Satna (M.P.) for the offence punishable under Sections 7, 13(1) (d) and 13(2) of Prevention of Corruption Act r/w Section 120-B of IPC.

(2.) It is contended by learned counsel for the applicant that the applicant is a registered document writer licensed under M.P. Document Writer (License and Regulation) Rules, 2014. He is not a public servant and has no relation with co-accused Patwari, Pramod Pandey. The complainant has some mutation work with Patwari, Pramod Pandey for which it is alleged that Pramod Pandey was making demand of Rs.5,000/- as illegal gratification from the complainant. The complainant approached to present applicant for preparation of registered deed, for which he paid fees/remuneration and incidental expenses to the applicant. The applicant has neither made any demand of bribe nor received any illegal gratification on behalf of Patwari from the complainant. The transcript prepared by the prosecution does not suggest any kind of demand of bribe made by present applicant and the amount, which has been recovered subsequently from his possession was a bribe, which is taken as illegal gratification for Patwari. There is no evidence to suggest that the applicant is in hand in glove with co-accused Patwari. In the initial complaint made by the complainant the name of applicant was not mentioned. The trial Court has wrongly mentioned the applicant as Public Servant in the charge. He has been falsely implicated and prima facie no case is made out against him. Therefore, the entire criminal proceedings initiated against the present applicant is liable to be quashed.

(3.) Learned counsel for respondent has opposed the prayer and submitted that the present applicant has received the amount of bribe on behalf of co-accused Patwari, Pramod Pandey, who is a Public Servant. The charge of offence under Section 8 of Prevention of Corruption Act has been framed against him. There is no illegality in the proceedings under taken against the present applicant for the alleged offence.