DEEPAK KUMAR TIWARI
Sharvan Kumar Bareth, S/o. Bhudh Ram Bareth – Appellant
Versus
Union Of India Through Secretary Department Of Personnel And Training – Respondent
ORDER :
1. On due consideration, office objection raised by the Registry regarding maintainability of the petition is overruled and with the consent of counsel for the parties the matter is heard finally.
2. This writ petition under Article 227 of the Constitution of India has been filed to quash and set aside the material piece of evidence marked as Article ‘K’ and Article ‘L’ while recording the statement of PW-4 namely Chandrashekhar Rathore in CBI Case No.3/2016 pending before Special Judge for CBI Cases, Raipur in between (CBI Vs. Ramesh Kumar Koshle and one another).
3. Facts of the case, in nutshell, is that in pursuance of the trap proceedings, the team of Central Bureau of Investigation (for short “CBI”), while taking action on the complaint made by the complainant, caught petitioner No.1 – Shravan Kumar Bareth red handed at his residential premises on 05.07.2016 and recovered bribe amount of Rs.50,000/- from his possession. Thereafter, petitioner No.1 in order to prove his claim that he had accepted the bribe on behalf of petitioner No.2 – Ramesh Kumar Koshle, voluntarily agreed to make a phone call to him and also agreed to deliver the bribe to him. The conversation between
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