MONIKA WAGHMARE Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner, who was working at the relevant time as Naib Tahasildar, filed the first petition under Section 482 of Cr.P.C. with the prayer for expunging the remarks made by the learned Special Judge in the impugned judgment passed in Special Case No.03/2015 dated 09.02.2016 (Annexure-1). The second petition filed under Section 482 Cr.P.C. assails the order dated 08.09.2018 (Annexure-1) whereby the competent authority has granted sanction under Section 19 of the Prevention of Corruption Act, 1988 (P.C. Act) for the offences punishable under Sections 7, 12, 13(1)(d) and 13(2) of the said act.

(2.) Draped in brevity, the relevant facts as narrated by the petitioner is that at the relevant time she was working as Naib Tahasildar. The accused - Mohanlal Katare was Reader and Chandra Gopal Maskole was an employee of his Court. On 20.06.2014, a written complaint (Annexure-P/4) was lodged by the complainant - Ashok Kumar Saini (P.W.-5) before the Superintendent of Police, Lokayukta, Bhopal stating that he preferred an appeal before the Court of Tahasildar Babai seeking partition of 12 acres of land situated in Village Sangakhedakala and Village Magariya. The accused - Mohanlal posted in the Court of Tahasildar as Assistant Grade II demanded illegal gratification for such partition by fixing the rate Rs.2,000/- per acre. Since the complainant was not ready to fulfill the illegal demand aforesaid, he submitted the complaint to initiate prosecution against the accused persons. In turn, a trap was conducted in this regard. On 25.06.2014, the complainant went to the Tahasildar's Court and talked with accused Mohanlal regarding payment of bribe and got the conversation recorded in a voice recorder provided by the respondent organization. The voice recorder was produced with seizure memo (Ex.P/7) and transcript panchnama (Ex.P/8) before the Court below.

(3.) Thereafter, a first information report regarding the said incident was recorded by Constable - Jhannulal Bilwad (P.W.-1) and matter was forwarded to Lokayukta Office, Bhopal and Crime No.276/14 was instituted.