SANJAY NISHAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has preferred the instant criminal revision invoking revisional jurisdiction under Sections 397 & 401 of the Cr.P.C. impuging the order dated 16.01.2019 passed in R.C. No. 1(A)/2018-D (M.C.A. No. 1035 of 2018) registered under Section 7 of Prevention of Corruption Act by learned Special Judge, CBI-cum-Additional Sessions Judge-XI, Dhanbad, whereby and whereunder the petition filed under Section 227 of the Cr.P.C. for discharge of the petitioner has been rejected and the learned Special Judge has opined that ample material available on record for framing of charges against the petitioner under Section 7/13(2) and 13(1)(d) of the Prevention of Corruption Act.

(2.) The fact give rise to instant criminal revision is that a written complaint dated 28.01.2018 was submitted to Superintendent of Police, CBI, Dhanbad by Subhash Bauri against Sanjay Nishad (petitioner), who is Clerk in the Office of Project Officer, Dobari Colliery, BCCL, Dhanbad alleging that he has demanded an illegal gratification of Rs. 5,000/- for furnishing details of contribution of Provident Fund (PF) etc, in the name of his father Rupa Bauri, the then Support Mazdoor of Dobari Colliery under Bastacolla Area, BCCL, Dhanbad. It is further alleged that Sanjay Nishad had demanded Rs. 3,000/- as first installment of bribe of total bribe amount of Rs. 5,000/- for furnishing details of said P.F. contribution. The aforesaid complaint was verified by Inspector, CBI, ACB, Dhanbad and found to be correct and in pursuance thereto, report was submitted and R.C. was instituted against him being R.C. No. 01(A)/2017-D dated 29.01.2018-CBI, ACB, Dhanbad. Thereafter, he was trapped accepting Rs. 2,000/- and the tainted money were recovered from the right side pocket of his wearing pant.

(3.) Further, after investigtion, final form was submitted on 26.03.2018 and cognizance was taken and thereafter, petition under Section 239 of the Cr.P.C. dated 08.06.2018 filed by the petitioner for his discharge was rejected by learned Special Judge, CBI, Dhanbad. Hence, this criminal revision.