AMRIT KUMAR MAITY Vs. STATE

JUDGEMENT

(1.) By this application under Section 482 of the Code of Criminal Procedure, a prayer has been made for quashing of the entire proceeding of Raina P.S. Case No. 5 of 2002 dated 7.1.2002 under Section 7 of the Prevention of Corruption Act, 1988 on the basis of which Special Case No. 8 of 2002 was started and pending before the learned First Special Judge, Burdwan.

(2.) One Samiran Haider of viliage-Vehalan, P.S. Madhabdihi, District Burdwan made a written complaint to the B.D.O. Raina-l Development Block alleging that the Station Super of Sahara Bazar Electric Supply Office with others were extracting money from the cultivators on threat of discunnecting their electric line from the shallow tubewell and other irrigation appliances. It is also indicated that on the basis of such threat the said Samiran Haider met the Station Super in his office when he wanted a gratification of Rs.10,000/-. It is also indicated therein that out of total sum of Rs.10,000/- he had already paid a sum of Rs.5,000/-. Accordingly, he made a prayer for saving the poor fellow from the clutches of the said Senior Station Super of West Bengal State Electricity Board.

(3.) On receipt of such written complaint, the Joint B.D.O. of Raina-l Development Block contacted the local S.D.O. over Telephone who asked him to keep a close watch in the matter. Accordingly, the Joint B.D.O. went to Khandagosh Group Electric Supply Office and started watching outside the office of the Station Super. Sometime after the said Samiran Haider entered into the office room of the Station Sup'er and came out of the room within few minutes. At once the Joint B.D.O. entered inside the office room of the said Station Super along with public witnesses and police officials and recovered Rs.5,000/- in cash, from the table drawer of the Station Super Amrit Kumar Maity, on which he put his signature on three notes. Accordingly, the said Amrit Kumar Maity was produced before the Officer-in-Charge of Raina P.S. along with the written complaint and the seizure list. On the basis of such written complaint Raina P.S. Case No. 5 of 2002 was started and the second seizure list was prepared on the basis of which the seized money along with the seizure list prepared by the Joint B.D.O. was taken charge of. Subsequently, the case was investigated by an Inspector of Police and sanction to prosecute the present petitioner was obtained from the West Bengal State Electricity Board. But subsequently the Deputy Superintendent of D.E.B., Burdwan was authorised to investigate the case and he after investigation submitted charge-sheet on 20.10.2002.