SANJAY KUMAR SAMAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner has invoked the inherent jurisdiction of this Court under Sec. 482 Cr.P.C. seeking quashing of the entire criminal prosecution initiated against him by the Vigilance Department of the State.

(2.) The Petitioner is an accused in Rourkela Vigilance P.S. Case No.19 of 2022 corresponding to VGR No.16 of 2022 under Sec. 7 of the Prevention of Corruption(Amendment) Act, 2018 (in short 'the P.C. Act'). The case of the prosecution is that one Mahadev Lakra being the complainant has lodged the F.I.R. inter alia stating that on 25/8/2022, he has requested the Petitioner for issuance of School Leaving Certificate, Mark Sheet and Migration Certificate of his daughters. Both the daughters of the complainant were studying in Kumjharia Government High School, wherein the Petitioner was the Headmaster. The Petitioner demanded a bribe of Rs.12,000.00 from the complainant for issuance of the certificate of his daughters. Therefore, he reported to the Vigilance Department.

(3.) On 26/8/2022, a trap was laid down on the basis of the complaint of one Mahadev Lakra. As per the trap plan, the demanded bribe was handed over to the Petitioner. The Petitioner after receiving the said tainted money handed over the same to one Sri Parameswar Ray, the Electrician. The tainted money was recovered from Sri Parameswar Ray. After the recovery of the tainted money, Sodium Carbonate Solution Test was conducted, which was found to be positive. The Petitioner stated that he has handed over Rs.17,500.00 to Sri Parameswar Ray, which included Rs.12,000.00 which he received from Mr. Lakra. Therefore, the prime defence of the Petitioner is that the money is not recovered from his possession.