INDRA DEO PRASAD Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) By Court Invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure (in short 'the Code'), the petitioner has prayed for quashing of the First Information Report as well as the order taking cognizance dated 23.05.2012 and also the entire criminal proceeding of Special Case No.01 of 2012 arising out of Vigilance P.S. Case No.01 of 2012 pending in the court of learned Special Judge, Vigilance, Ranchi.

(2.) The factual score, as depicted in the F.I.R. lodged at the instance of informant Anil Prasad Barnwal, in short, is that his daughter who is a student of C.T. Engineering College, Jalandhar got a scholarship of Rs.60,000/ for her study but the petitioner demanded Rs.20,000/ as commission for getting the scholarship sanctioned and finally the petitioner after persuasion agreed to accept Rs.10,000/ but as the informant was not ready to succumb to the said illegal demand of gratification, reported the matter to the S.P., Vigilance. Whereafter, one Inspector was directed to make a preliminary inquiry into the allegation made by the informant. After inquiry, the allegation was found to be prima facie correct whereafter a trap team was constituted and after completing all the formalities, the trap team caught the petitioner red handed accepting Rs.10,000/ from the informant. The tainted money was recovered from the possession of the petitioner in presence of two independent witnesses and when both the hands of the petitioner were washed in the solution of sodium carbonate, the said solution turned into pink colour showing the complicity of this petitioner.

(3.) On the basis of the said information, Vigilance P.S. Case No.01 of 2012 was instituted under Section 7 and 13(2) of the Prevention of Corruption Act and after investigation the police submitted the chargesheet against the petitioner. Accordingly, the court concerned after going through the F.I.R., the chargesheet, the case diary and the sanction order besides other materials available on record, took cognizance of the offence under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. Hence, this quashing application.