JUDGMENT :

In this writ petition, challenge is to the order dated 24th January, 2014, passed by learned Special Judge, Nagpur, whereby learned Special Judge on the complaint of respondent No.3 by exercising the powers under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr.PC), directed the Deputy Superintendent of Police, Anti Corruption Bureau, Nagpur to conduct the investigation.

2. BACKGROUND FACTS:

Respondent No.3 filed a complaint against the petitioner and one Mr. Ramchandra Varthi and prayed for an order under Section 156(3) of the Cr.PC. It is the case of respondent No.3 that one Mr. Jadhav, a Police Inspector, at the relevant time, was attached to Kamptee Police Station. He had committed various illegal activities. He had filed false First Information Reports against the innocent persons. On 12th January, 2011, Police Inspector Mr. Jadhav, by accepting Rs.25,000/- (rupees twenty five thousand) from Mohanlal Rathod, had registered a crime against the respondent No.3 and others under Sections 186, 353, 323, 294, 506 read with Section 34 of the Indian Penal Code, 1860 (IPC). In the said crime, Police Inspector Mr. Jadhav beat Prashant Chahande in the police custody. The Court, after taking the cognizance of this incident, had ordered registration of a crime against the police. Respondent No.3, therefore, filed a Criminal Case No.09/2012. Learned Special Judge, by his order dated 7th September, 2012, had ordered the Anti Corruption Bureau, Nagpur to conduct the enquiry. The enquiry, on the date of this application, was pending.

3. It is stated that due to filing of the criminal case against the Police Inspector Mr. Jadhav by respondent No.3, he was annoyed. He was waiting for an opportunity. On 20th July, 2013, he got an opportunity and made use of it. It is stated that the neighbour of respondent No.3 by name Vijay Shamkuwar and his relatives on 20th July, 2013 assaulted the respondent No.3. They damaged his maruti van. Therefore, the respondent No.3 lodged a report against said Vijay Shamkuwar and his relatives on 20th July, 2013 at Kamptee Police Station. A crime bearing No.124/2013 was registered against Vijay Shamkuwar and three others under Sections 452, 294, 506, 427 read with Section 34 of the IPC. It is alleged that Police Inspector Mr. Jadhav took the advantage of this situation. He had a grudge against the respondent No.3. Police Inspector Mr. Jadhav, therefore, misused his position and instigated the wife of Vijay Shamkuwar to lodge a false report against the respondent No.3. On the basis of the false report lodged by Anju Vijay Shamkuwar, a crime bearing No.3080/2013 was registered against the respondent No.3 on 21st July, 2013 for the offences under Sections 294, 506 read with Section 34 of the IPC. In this crime, Police Inspector Mr. Jadhav handed over the investigation to ASI Mr. Ramchandra Varthi. ASI Mr. Ramchandra Varthi conducted the enquiry and came to the conclusion that the incident narrated in the FIR, registered on the report of Anju Shamkuwar, had not occurred.

4. It is stated that the Investigating Officer ASI Mr. Ramchandra Varthi on 7th November, 2013 informed the respondent No.3 that he had submitted the report to the Police Inspector Mr. Vikas Wagh with recommendation to close the case registered against the respondent No.3. It is alleged that ASI Mr. Ramchandra Varthi told respondent No.3 that he would manage the Police Inspector Mr. Vikas Wagh but, for that purpose he would have to pay Rs.50,000/- (rupees fifty thousand). Respondent No.3 has stated that thereafter on 9th November, 2013 he along with Prashant Chahande and Gondade went to Kamptee Police Station and met Police Inspector Mr. Vikas Wagh. It is stated that at the time, Police Inspector Mr. Vikas Wagh demanded Rs.50,000/- (rupees fifty thousand) from respondent No.3 for sending final closer report in the crime registered against him. Police Inspector Mr. Vikas Wagh told the respondent No.3 to handover the money to ASI Mr. Ra