PRAVEEN KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant petition has been filed challenging the legality, propriety and correctness of the order dtd. 8/4/2022 passed by Special Judge, Anti Corruption Bureau, Ranchi in Misc. Criminal Application No.1558 of 2021 arising out of Vigilance P.S. Case No.42 of 2015 (Vigilance Case No.52 of 2015) under Ss. 7, 13(2) of the Prevention of Corruption Act whereby and whereunder the discharge petition filed by the petitioner, has been rejected.

(2.) The complaint lodged by one Krishna Mohan Kumar, is the basis of the case. As per the case of prosecution, he was a nominated supplier of boulder under MNREGA Scheme for construction of road and had submitted bill of Rs.49,000.00 before the petitioner for payment. It is alleged that the petitioner had demanded Rs.3500.00 as 7% of total bill amount as illegal gratification for clearing the bill.

(3.) A preliminary enquiry was conducted and on verification, the allegation was found to be true and thereafter, after completing formalities, a trap team was constituted and the raid was conducted in the office of petitioner on 4/8/2015, who was posted as Block Development Officer. Deputy Superintendent of Police, Vigilance, Baranwas Tirkey and other members reached the office of B.D.O. at 11.00 A.M. The petitioner/accused accepted the bribe amount of Rs.3500.00 and he was caught red-handed with the phenolphthalein smeared currency notes regarding which vigilance case was registered.