HRUDANANDA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this application under Section 482, Cr.P.C., the petitioner has invoked the inherent jurisdiction of this Court for quashing of the entire proceeding initiated against him in the Court of learned Special Judge (Vigilance), Keonjhar in T.R. Case No.84 of 2011 for alleged offence under Section 13(2) read with Section 13(1)(d) and Section 7 of the Prevention of Corruption Act, 1988.

(2.) ONE Laxman Kumar Mahakud is the informant. Ac.2.34 decs. of land in mouza Jamukundi under Barbil Tahsil vide Plot Nos.600, 601 and 602 appertaining to Khata No.2 stood recorded in the name of one Abhi Mahakud, who happens to be the elder brother of the father of the informant. The informant applied for demarcation of the aforesaid land before the Tahsildar, Barbil. Accordingly the aforesaid lands were demarcated by the present petitioner and his peon named Ram Chandra Jena (co -accused) on 20.01.2002. On that day, i.e. 20.01.2002, the informant sought for supply of the trace map and identification copy from the petitioner, who allegedly demanded Rs.300/ - (rupees three hundred) as bribe for supply of the said documents. The informant expressed his inability to pay that much of amount, but the petitioner asked him (informant) to come to his (petitioner's) office on 02.02.2002 with the amount. The informant with much difficulty arranged Rs.300/ - and filed F.I.R. on 02.02.2002 in Balasore Vigilance Police Station, vide Balasore Vigilance P.S. Case No.5 of 2002, alleging therein about illegal demand raised by the petitioner for supply of copies. After registration of the F.I.R., a trap was laid during which the tainted money was received by the peon Ram Chandra Jena and the same was recovered from him during the trap by vigilance officials. Aforesaid Ram Chandra Jena (co -accused) on being challenged, gave out that he received the tainted money of Rs.300/ - (three hundred) from the informant as per the instruction of the present petitioner. The trap report, detection report, etc. were prepared witnesses were examined and after completion of the investigation, the Vigilance Police submitted Final Form observing therein as follows : -

(3.) FROM the materials on record, it is found that the petitioner on 20.01.2002 demarcated the land applied for by the informant and on that day he is alleged to have demanded gratification of Rs.300/ - when the informant sought for supply of the copy of the Trace Map and the Identification copy. The informant expressed his inability to pay the amount demanded by the petitioner. The petitioner asked the informant to meet him in his office on 02.02.2002 with the demanded amount to take the Trace Map and Identification copy. On the basis of the F.I.R. lodged on 02.02.2002, the trap was laid and the informant along with the witnesses and Vigilance Officials proceeded to the office of the petitioner. The informant saw co -accused Ram Chandra Jena coming out of the office. He (informant) asked co -accused Ram Chandra Jena regarding whereabouts of the petitioner. Co -accused Ram Chandra Jena said that the petitioner is not there in the office and he had asked him to receive Rs.300/ - brought by him (informant). The informant thereafter paid Rs.300/ - to co -accused Ram Chandra Jena and he was trapped while taking the aforesaid tainted money.