ARASTUS EKKA, SON OF STEPHEN EKKA, RESIDENT OF KATAKYNA, P.O. Vs. THE STATE OF JHARKHAND THROUGH VIGILANCE

JUDGEMENT

(1.) Both the criminal miscellaneous petitions arising out of the same order dated 15.06.2013, were heard together and are being disposed of by this common order.

(2.) Invoking the inherent power of this Court under Sec. 482 of the Code of Criminal Procedure (in short ‘the Code’), the two petitioners have questioned the legality of the order dated 15.06.2013 passed by learned Special Judge, Vigilance, Hazaribagh in Special Case No. 03 of 2013 whereby and where under cognizance of offence punishable under Sections 419/420/467/468/166/218/34 of the Indian Penal Code and also under Sections 8, 9 & 13(2) of the Prevention of Corruption Act, has been taken against the two petitioners.

(3.) The prosecution case, which is relevant for the proper adjudication of the issue involved in this case, in short, is that at the instance of one Pramesh Kushwaha, Block Development Officer, Ramgarh the aforesaid case was instituted with the allegation that on 11.04.2013 at about 9 a.m. he received telephonic information from Sub Divisional Officer, Ramgarh that some persons in police uniform have intercepted truck drivers near Bijulia bridge at NH 33 and extorting money from them. After receiving the said information, he along with his driver and Agriculture Officer-in-charge, Ramgarh reached near Bijulia bridge and found a truck bearing registration no. HP 12D-5661 standing near east of the road and one Tata Sumo Gold with symbol of police was also standing. When the informant reached near Tata Sumo, he found some persons in Khaki dress besieging the truck and on enquiry from them, they disclosed the names of five persons and also disclosed that they are along with R.T.O. Inspector to catch trucks. The four persons sitting in the Tata Sumo in which one bearing dress of Police Inspector disclosed his name as Kamal Kishore, Enforcement Officer and other persons who were sitting in the vehicle in Khaki dress were Fuleshwar Malakar, Arastus Ekka, the two petitioners as Mobile Constables of Flying Squad. The driver of the said truck disclosed that he was coming from Himachal and the accused persons stopped the truck on the charge of overloading and were demanding Rs. 5000.00 but the matter was settled on Rs.3500.00. In the meantime, Sub Divisional Officer, Ramgarh also reached at the place of occurrence and on search of the police personnel and other persons and of the vehicles, several items were recovered including the registration certificates, money receipts etc. From the Tata Sumo also some documents were recovered. Cash, mobile phone and ATM cards were also seized from the possession of the accused persons. Where after, they were arrested and seizure list was prepared.