BHARAT GOYAL Vs. STATE OF M.P.

JUDGEMENT

(1.) - The appellant has preferred this revision petition being aggrieved by the order dated 13.01.2018 passed by Special Judge (Prevention of Corruption Act), Indore in Special Case No.13/2017 whereby charges under Section 7, 13 (1) (D) r/w 13 (2) of Prevention of Corruption Act, 1947 and under section 120-B of I.P.C. have been framed against the appellant.

(2.) The facts LYING in narrow compass are that on 05/10/2016, complainant-Devdas Makwana made a written complaint to the S.P. Lokayukta, Indore stating that on 09/08/2016, he applied to get a loan of Rs. 2.0 Lacs from the Narmada Jhabua Gramin Bank to buy of auto-rickshaw. On 02/09/2016, he approached the bank to seek information regarding his loan and subsidy amount, where applicant also told him that if he will not give him a bribe of Rs. 20,000/- , then he will not transfer the subsidy amount in his loan account. Thereafter, on his request applicant has reduced the bribe amount from Rs. 20,000/- to Rs. 10,000/-. On receiving this report, the Lokayukta Police gave a voice recorder to the complainant so that conversation made between the complainant and applicant can be recorded. After recording the conversation on the tape recorder, the complainant handed over the same to Lokayukta Police, who made a trans-script of conversation held between the complainant and the applicant. On 07/10/2016 complainant met with the applicant at Narmada Jhabua Gramin Bank, Branch Indore. Applicant asked him to give the amount to the office boy-Bholaram. As soon as the complainant gave the amount of Rs. 6,000/- to the Bholaram, Lokayukta police caught him red handed by receiving bribe amount from the complainant. After due investigation, Lokayukta Police filed the charge-sheet against the applicant and other co-accused persons before the Court of Special Judge (Prevention of Corruption), Indore.

(3.) The trail court by impugned order framed charges against the appellant for the offence punishable under Section 7, 13 (1) (D) r/w 13 (2) of Prevention of Corruption Act, 1947 and under section 120-B of I.P.C, which is subject matter of challenge in the present revision petition.