DR. ANIL KUMAR DHUSSA Vs. UNION OF INDIA

JUDGEMENT

(1.) This revision has been directed against the order of learned Special Judge' CBI Cases, Jodhpur dated 5.8.1999 by which he accepted the final report submitted by Central Bureau of Investigation and refused to order further investigation.

(2.) I have heard the learned counsel for the petitioner, learned standing counsel for C.B.I. and the learned counsel for the complainant.

(3.) Briefly stated, petitioner is a medical practitioner and runs a clinic at Bikaner. A Nursing Home, in which his clinic is running was constructed in the year 1988-89. A letter was written by the Assistant Valuation Officer, Income Tax Department Jodhpur on 11.12.1996 that he would be visiting the Nursing Home on 24.12.1996. The said inspection took place alongwith Junior Engineer Shyam Lal Asnani. A valuation report was received. On 23.3.1997 Shri Asnani came to his clinic at about 1.00 PM. and informed that he can get the valuation report made at lesser amount. The matter was reported to C.B.I. on 25.3.1997 with the allegation that valuation report was made at very higher amount and Shri Asnani stated to complainant Anil Kumar that he will get it reduced for which he will take a bribe of Rs. 10,000.00. On the basis of this first information report a trap was arranged which was not successful in the sense that the talk between Dr. Anil Kumar and accused respondent Shyam Lal which was recorded in tape reveals that no bribery was demanded nor the amount paid was a bribery the matter was further investigated by C.B.I. and it was found that no work was pending with Shyam Lal Asnani in relation to valuation of the clinic of Dr. Anil Kumar nor Shyam Lal had received the money as illegal gratification for the work of valuation which he had earlier done. Instead it was found that Dr. Anil Kumar had himself handed over money to Asnani saying that he had very little time and Shri Asnani may get a valuer engaged for the purpose of valuation of his clinic and a counsel engaged and the amount be paid to them. The C.B.I. after investigation submitted final report.