MITHILESH PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties through Video Conferencing.

(2.) This Criminal Miscellaneous Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 with the prayer

(3.) The brief facts of the case is that the petitioner while posted as Assistant Sub Inspector of Police in Sukhdeonagar Police Station, he was the Investigating Officer of Sukhdeonagar P.S. case no. 34 of 2020 registered for the offence punishable under Section 498A of the Indian Penal Code, lodged by the wife of the accused of that case. The accused of Sukhdeonagar P.S. case no. 34 of 2020 is the complainant of this case. The specific allegation against the petitioner is that the petitioner called the complainant of this case outside the police station in connection with Sukhdeonagar P.S. case no. 34 of 2020 which was registered on 18.01.2020. The complainant of this case met the petitioner of this case and the petitioner of this case told the complainant of this case that if the complainant of this case pays Rs. 15,000/- then, the petitioner of this case will help the complainant of this case and if the complainant of this case does not pay money, then the petitioner of this case will submit the report in Court. As the complainant of this case did not want to pay the bribe, hence, he submitted a written report to the Superintendent of Police, Anti Corruption Bureau, Ranchi. The allegation was verified by the Inspector of Police namely Misir Oraon. The verifying police officer went with the complainant of this case on 16.03.2020. After sometime, the petitioner also reached there and the complainant informed the petitioner of this case that his daughter has met with an accident and requested for some more time, at which, the petitioner told that Rs. 10,000/- was to be paid but first installment of Rs. 3,000/- was to be paid immediately because he has to send the case diary and charge sheet to the court and if the complainant causes any delay, then the petitioner will submit a report in the court. The conversation was heard by the Verifying Officer and the Verifying Officer confirmed the demand of bribe by the petitioner and submitted the verification report; on the basis of which, this case was registered. A trap was laid. The petitioner was caught red-handed after receiving the bribe of Rs. 3,000/-. The solution in which, both the hands of the petitioner were washed, was seized. The complainant thereafter submitted an application addressed to the Superintendent of Police, Anti corruption Bureau making the allegations against Sanjay Kumar, the then Officer-In-Charge of Sukhdeonagar Police Station and his bodyguard, Constable Lakshman Yadav of abusing him by using obscene language and assaulting him and also Lakshman Yadav snatching away Rs. 35,000/- from the pocket of the complainant and of mentally torturing the complainant. After the successful trap on 18.03.2020, and recovery of the bribe money from him, the petitioner was arrested. The phials containing the solution with which the hands of the petitioner were washed, were sent to the State Forensic Laboratory.