LAXMIKANT SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this application under section 482, Cr. P. C. , the petitioner Laxmikanta Sahoo, who is an accused in vigilance G. R. Case No. 7 of 2005 pending in the Court of the learned Special Judge (Vigilance), Sambalpur, has prayed for deleting his name from the charge-sheet submitted in the said case, or, in other words, has prayed for quashing the said proceeding, so far as it relates to the petitioner.

(2.) ON a complaint lodged by one Oram lakra on 15. 02. 2005 before the Superintendent of Police (Vigilance), Sambalpur through the Deputy Superintendent of Police (Vigilance), Rourkela making allegation that while the informant was attached to special Squad, Rourkela, he applied for the driving licence to the R. T. O. , Rourkela in september, 2005, and received the learners driving licence. On 15. 2. 2005, he asked the dealing clerk-Sanjit Kumar Ray of the r. T. O. office for issuance of a permanent driving licence and the said clerk demanded rs. 200/- over and above Rs. 230/- already paid by him to the said clerk. A trap party proceeded to the Office of the R. T. O. on the next date. The F. I. R. was registered as sambalpur Vigilance P. S. Case No. 7 of 2005 under Section 13 of the Prevention of Corruption Act, 198,8 (for short, 'the Act' ). The trap was led in the presence of the witnesses, namely, Shri Bijaya Kumar mohanty, who was working as the S. D. O. , national Highway Sub-Division, Rourkela and Shri Ananda Sankar Das, who was working as Drug Inspector, Rourkela. The informant was introduced to the said-witnesses. He proceeded to the accused Sanjit kumar Ray. After necessary preparation, the currency notes, which the complainant was going to offer to the said clerk-Mr. Ray, were treated with phenolphthalein powder by the A. S. I, and the same was kept in the left pocket of the complainant, who was instructed to hand over the said amount to the accused, who was the dealing clerk in the Office of the R. T. O. All the witnesses gave their personal search and the witnesses stood at a little distance from the complainant. The petitioner, who was the process Server of the R. T. O. office was at that time standing very close to Shri Ray, the Clerk in-charge of the driving licence section. Shri Ray, received the said amount of Rs. 200/- from the complainant and after counting the same with both his hands handed it over to the petitioner for keeping the same with him. The raiding party disclosed their identity. Thereafter, on washing of hand of Shri Ray with the solution, his hand became pink in colour.

(3.) AFTER completion of investigation, charge-sheet has been filed under Section 13 (2) read with Sections 13 (l) (d)/7/12 of the act against the main accused Sanjit Kumar ray and the present petitioner.