VIPUL RAJ Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The accused petitioner prayed for quashing of proceedings in Special Case No. 25 of 2003 arising out of C.B.I. case vide R.C. 35 (A) 2002/ACB/Kol under Section 7 of the Prevention of Corruption Act 1988, on the ground that the order dated 31.03.2014 is erroneous.

(2.) According to the petitioner, the impugned order passed by the learned Special Judge is erroneous because he had not applied his mind and without appreciating the materials on record he has rejected his application under Section 239 of Cr.P.C. and framed the charges against the accused petitioner.

(3.) This case has a chequered history. Before lodging the F.I.R. the defacto complainant informed the C.B.I. authority that the accused petitioner had demanded Rs.8,000/- for the passing of his bill to the tune of Rs.44,000/-. According to him, pursuant to the demand made by the appellant, the de-facto complainant had supplied the articles to the said authority. But the said authority did not pay the dues in terms of the agreement. Times without number the de-facto complainant requested the accused for clearing his bills but the accused petitioner demanded Rs.8,000/- as bribe. Being aggrieved at it, he informed the C.B.I. authority.