SANTOSH PRAJAPATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this petition under Section 482 of the Code of Criminal Procedure, 1973, applicant is aggrieved by the order dated 08.09.2017 passed by the Special Judge (Prevention of Corruption Act), Sehore in Criminal Case No.01/2016 whereby application under Section 19 of the Prevention of Corruption Act filed by the applicant has been rejected.

(2.) At the relevant point of time, petitioner was posted as Patwari, Tahsil-Shyampur, District-Sehore. A written complaint was made by one Gajraj Vishwakarma alleging that petitioner demanded illegal gratification of Rs.35,000/- and he did not want to pay the bribe.

(3.) On the basis of the written complaint, a trap was laid by the Lokayukt Police. In the trap, petitioner was caught red-handed accepting bribe of Rs.2,000/- as advance, as a result whereof a criminal case was registered against him. After completing the investigation, the material collected during the investigation was placed before the Administrative Department to accord sanction for prosecution. After obtaining sanction for prosecution, charge-sheet was filed in the Court of Special Judge (Prevention of Corruption) Sehore. The order of sanction was challenged by the petitioner before the Special Judge (Prevention of Corruption) Sehore and by the order impugned, the said application was rejected by the trial Court, hence, this petition.