AJAY KUMAR Vs. STATE OF HARYANA & ANOTHER

JUDGEMENT

(1.) The instant revision petition has been directed against the order dated 23.05.2012 passed by Sessions Judge, Karnal.

(2.) Reference to the brief facts is necessary to understand the issue raised by the complainant. The petitioner lodged a complaint with the police on the basis of which, a case was registered under Sec. 12 of the Prevention of Corruption Act at Police Station Civil Lines, Karnal. A case had been registered against brother of the complainant under Sec. 376 Penal Code. A lawyer, Rajbir Rana, was a neighbour of the complainant. The complainant spoke to the lawyer and told him the name of the officer who was dealing with the case, he revealed that he (Rajbir Rana) knew the Judge and another lawyer Surender Chauhan from Karnal also knew him well and they could speak to him regarding bail. Rajbir Rana, Advocate spoke to Surender Chauhan in the complainant's presence from his mobile phone and was told that Surender Chauhan would verify whether it was the same judge. In Nov., 2007 Rajbir Rana asked the complainant to accompany him and and they went to meet Surender Chauhan, Advocate. The complainant was accompanied by Krishan Singla, resident of Cheeka. Rajbir Rana and Surender went inside the cabin and came out after 15 minutes and told him that he could speak to the judge as Rajbir Rana was his relative and his work could be done. On 09.11.2007, Surender Chauhan called Rajbir Rana that the Judge had called him. On 10.11.2007 Krishan and Rajbir Rana went to the house of Surender Chauhan in a hired vehicle. From there they went to the house of the Judge and took Surender Chauhan along with him. The vehicle was parked outside the house of the officer and Surender Chauhan went inside. He returned after half an hour. They left that place and after covering some distance Surender Chauhan told them that the Judge had agreed and had demanded 2,00,000.00 in advance. On 17.11.2007, the complainant and Krishan went with the money to the house of Surender Chauhan who asked them to apply for bail and was assured that bail would be granted. Surender Chauhan rang up the officer in the presence of the complainant and told them that payment had been received. The bail application was filed on 27.11.2007 which was adjourned to 03.12.2007. The matter was not decided and was adjourned for 08.12.2007. The complainant asked Surender Chauhan the reason for the adjournments. Surender Chauhan told him that there was some mistake in communication as the judge had demanded 2,00,000.00 each. The complainant discussed the matter with his family and told him that they could not arrange for more money. Surender Chauhan then told them that he would get the matter adjourned. The case was adjourned to 13.12.2007. On 08.12.2007, the complainant spoke to Surender Chauhan and asked for his money and was told that the money was lying with the judge. The complainant started recording the conversation between him and Surender Chauhan and engaged another lawyer from Kaithal. On 18.12.2007, the complainant Krishan and Surender Chauhan went to the house of judge and Surender Chauhan went inside and returned and told them that the amount would not be returned. The complainant returned to Karnal where Surender Chauhan gave 1,00,000.00 to him and said that only one lac had been given. Surender Chauhan returned 85,000.00 later and told him that a sum of 15,000.00 had been spent. He also told him that now the case would end in conviction as it had annoyed the officer. It was decided that a petition for transfer of the petition would be filed in the High Court so that proceedings could be got stayed.

(3.) The police on receipt of this complaint started the investigation. The matter was handed over to the Crime Branch. The police called Surender Chauhan and some officials of the Court. The mobile phone of the officer was taken into custody. Ultimately the police submitted a report in the Court that there was not enough material to challan the Additional District Judge. However, they placed the name of Surender Chauhan in column no.2 and a prayer was made that witnesses be summoned in accordance with law to initiate the action against the persons mentioned in column no.2.