KEHAR SINGH Vs. CBI

JUDGEMENT

(1.) THIS is a petition under section 561 -A Cr.P.C. (for short code hereafter) for quashing the proceedings pending in the Court of learned Judge, Special Court Anticorruption, Jammu in File No. 28of2003 under Sections 161,163,165A, 120B, 5(2) read with 5(1) (Clause D) Prevention of Corruption Act, 2006, (hereafter referred to as the Act) and also the charge sheet framed against the petitioner.

(2.) THE case of the prosecution is that petitioner demanded a sum of Rs. 40,000/ - from Janak Raj Sharma, complainant for settlement of his insurance claim of his gutted shop. We also directed the complainant to handover the bribed money to Shri U. K. Handoo. The complainant met U. K, Handoo surveyor in his office on 16.11.2002, who directed the complainant to at least pay Rs.15,000/ - on 18.11.2002 as first installment and the rest of the amount they will receive after he receives the claim amount. The complainant lodged a complaint with Superintendent of Police CBI, Jammu on 16.11.2002 and consequently a trap was laid on 18.11.2002 by the CBI. The complainant handed over Rs.15, 000/ - as settled on 16.11.2002 as first installment to U.K. Handoo, which was to be further paid to the petitioner. CBI recovered the tainted money from the possession of U.K. Handoo in the presence of independent witnesses Sunandan Kumar and others.

(3.) AFTER completion of the investigation, challan was presented Before the learned Judge, Special Court Anticorruption, Jammu, who after perusing the documents and hearing the Pubic Prosecutor and counsel for the petitioner charge sheeted the accused persons vide order dated -3.1.2004.