K. L. KEER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under section 397 of CrPC on 26.9.2018 against the order dated 29.8.2018 Annexure P-1 passed in Special Case No.4/2018 by the Special Judge (Prevention of Corruption Act), Hoshangabad (Shri K.N.Singh). By the said order, the learned lower Court dismissed the application of petitioner filed under section 227 of CrPC for discharging him from the charges and ordered to frame the charges Annexures P-2 and P-3.

(2.) As per prosecution case, the petitioner was posted as Naib Tahsildar in Tahsil Office, Piparia. Complainant Jitendra Kumar Chourey submitted an application on 14.6.2016 before the Superintendent of Police, Lokayukt alleging that he applied for mutation of a plot purchased by him and approached to the Naib Tahsildar office for mutation proceedings. He inquired about the progress of the case. The petitioner asked him to inquire from his Clerk Ashok Kumar Gohiya, who demanded bribe of Rs.5000/- after consultation with the petitioner. The Lokayukt Police gave the taperecorder and instructed the complainant. Thereafter, the complainant returned on 15.6.2016 after recording the conversation with the accused person. On 16.6.2016 he submitted second application. Thereafter trap was organized with all formalities. Accused Ashok Kumar Gohiya caught red-handed. An FIR Annexure P-4 was registered against co-accused Ashok Kumar Gohiya. During investigation, the Lokayukt Police came to the conclusion that the petitioner is also involved in the aforesaid crime, therefore, he was arrested on 26.6.2018.

(3.) On 2.7.2018 Lokayukt Police filed Challan No.51/2018 under sections 7, 13 (1)(d) and 13(2) of Prevention of Corruption Act and section 120-B of IPC against both accused. The Special Court registered the Special Case No.4/2018. On 24.7.2018 the petitioner filed an application Annexure P-6 under section 227 of CrPC for discharging him from the liability. The State filed reply Annexure P-7. Thereafter, the trial court, after hearing the arguments, dismissed the aforesaid application on 29.8.2018 Annexure P-1 and framed the charges under section 7 of the Prevention of Corruption Act read with section 120-B of IPC and section 13(1)(Gha) read with section 13(2) of Prevention of Corruption Act read with section 120(B) of IPC Annexure P-2 and P-3 against the present petitioner.