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GAUTAM KUMAR CHOUDHARY
Praveen Kumar – Appellant
Versus
State of Jharkhand, through A. C. B. – Respondent
JUDGMENT :
[Gautam Kumar Choudhary, J.]
1. Instant petition has been filed challenging the legality, propriety and correctness of the order dated 08.04.2022 passed by Special Judge, Anti Corruption Bureau, Ranchi in Misc. Criminal Application No. 1558 of 2021 arising out of Vigilance P.S. Case No. 42 of 2015 (Vigilance Case No. 52 of 2015) under Sections 7, 13(2) of the Prevention of Corruption Act whereby and whereunder the discharge petition filed by the petitioner, has been rejected.
2. The complaint lodged by one Krishna Mohan Kumar, is the basis of the case. As per the case of prosecution, he was a nominated supplier of boulder under MNREGA Scheme for construction of road and had submitted bill of Rs. 49,000/- before the petitioner for payment. It is alleged that the petitioner had demanded Rs. 3500/- as 7% of total bill amount as illegal gratification for clearing the bill.
3. A preliminary enquiry was conducted and on verification, the allegation was found to be true and thereafter, after completing formalities, a trap team was constituted and the raid was conducted in the office of petitioner on 04.08.2015, who was posted as Block Development Officer. Deputy Superintendent of
The court affirmed that directing a complainant to deal with an alleged bribe collector constitutes sufficient prima facie evidence of complicity in corruption under the Prevention of Corruption Act.
Proof of demand for illegal gratification is essential for prosecution under the Prevention of Corruption Act; mere recovery of tainted money cannot establish charges without evidence of demand.
The court emphasized the requirement to consider the entire record, including the first police report and the closure report filed by the C.B.I., when considering a discharge petition, and the suffic....
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