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2013 Supreme(Bom) 1568

M.L.TAHALIYANI
Surender Kumar s/o. Bansidhar Gupta – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates Appeared:
Shri J.M. GANDHI, Advocate for the appellant.
Shri S.B. AHIRKAR, Special Public Prosecutor for the respondent.

JUDGMENT

The appellant challenges the judgment and order passed by the learned Special Judge, Nagpur in Special No. 4/2008 convicting the appellant for the offences punishable under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

2. The appellant was working as Recovery Officer in the Debt Recovery Tribunal, Nagpur. The complainant Shri Sanjeev Omprakash Agrawal had purchased one Flat in Apartment No. B, Ward No. 74, constructed on Nagpur Improvement Trust Plot No. 76, Abhyankar Nagar, Nagpur in a public auction held by the Debt Recovery Tribunal, Nagpur on 11th June, 2007. The auction money of Rs. 10,01,000/- was deposited by the complainant in the Debt Recovery Tribunal within the prescribed limit. The confirmation of sale was also given. Thereafter the complainant was frequently visiting the office of Debt Recovery Tribunal to get possession of the said flat. Since the appellant was working as Recovery Officer in the office of Debt Recovery Tribunal and it was within his jurisdiction to take care of grievance of the complainant in respect of possession of the flat purchased by him. Mrs. Kusum W. Muktewar, who appears to be a defaulter and






























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