MAHESH YADAV, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties through video conferencing.

(2.) It is submitted by the learned counsel for the petitioner that this criminal miscellaneous petition has been filed with a prayer to quash the order dated 05.06.2010, passed by the learned Special Judge, Vigilance, Ranchi in Spl. Case No. 11 of 2010 by which the learned court below has taken cognizance for the offences punishable under Section 7 as well as under Section 13 (2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 as well as the entire criminal proceeding of the said case.

(3.) It is submitted by the learned counsel for the petitioner that the brief facts of the case is that the complainant Ram Chandra Yadav submitted his complaint to the Superintendent of Police, Vigilance alleging therein that the petitioner has asked for a bribe of Rs.15,000/- in cash for appointment of the complainant as a Para Teacher but later on the petitioner agreed to receive a bribe amount of Rs.5,000/-. A trap team was constituted and the petitioner was caught red handed while receiving the bribe amount. Charge sheet has been submitted and the trial is going on at present. It is next submitted by the learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in this case and as the petitioner is posted as a Block Resource Person and his own appointment was on contractual basis, therefore he was not empowered to make any sort of appointment. Hence, there is no occasion for the petitioner to demand or accept any bribe amount from the complainant and as the very genesis of the occurrence is false, the impugned order by which the learned Special Judge has taken cognizance of the offence against the petitioner is illegal. Hence, it is submitted that the same be quashed.