MD SALAUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this application under (hereinafter referred to as 'the Code' for brevity), a prayer has been made for quashing the entire proceeding of G.R. Case No 787 of 1995 which arose out of Section C (DD) Case No. 153 dated 1.4.95 under Section 12 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act' for brevity).

(2.) One D.P. Bhattacharyya, Inspector of Police, Anti Rowdy Section, Detective Department, Lalbazar, Calcutta lodged a complaint with the Deputy Commissioner of Police, Detective Department, Calcutta Police alleging that while the de facto complainant was making an inquiry over a dispute between one Dr. Sunil Kumar Mondal and the present petitioner, the petitioner was called at the office of the Anti Rowdy Section on 29.3.95 on the basis of a telegraphic message sent on 28.3.95. On 29.3.95 the present petitioner appeared before the de facto complainant while the latter was examining certain documents in a connection with that dispute, and, at the point of time, the petitioner in whispering tone expressed his intention to reward the de facto complainant suitably if the inquiry report went in favour. It is also alleged that the petitioner had told the de facto complainant that he would again visit on 1.4.95 in the afternoon when he would hand over a petty amount as a token of good wish to the de facto complainant. So it was alleged in the complaint that the present petitioner was nurturing an evil desire to gratify the de facto complainant.

(3.) The said complaint was forwarded to the Deputy Commissioner of Police, Detective Department, Lalbazar through the AC, Anti Rowdy Section Detective Department. On the complaint the DC, DD made an endorsement that "AC, ARS will please register a case under Section 12 of the Act and take up its investigation". That endorsement was made on 1.4.95. On the basis of the said endorsement, Mr. P.K. Lahiri, Assistant Commissioner, ARS, DD started Hare Street P.S. Case No. 153 dated 1.4.95 at 14-45 FIRS and took up the case for investigation. On 1.4.95, the present petitioner came before the de facto complainant and placed Rs. 2,000/- in cash inside a file which was handed over to the de facto complainant. The present petitioner was immediately arrested. A seizure list was prepared in respect of the said cash money along with other papers kept in the file and the present petitioner was produced before the Court on 2.4.95 when he was remanded to police custody. On 5.4.95, the charge-sheet was filed under Section 12 of the Act, and the accused was produced before the Third Special Court at Calcutta where Case No. 2 of 1995 was started. Subsequently on the basis of an order passed by this Court in Criminal Misc. Case No. 1106 of 1995, the present petitioner was released on bail on executing a bond on 10.4.95.