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2018 Supreme(All) 2119

ALLAHABAD HIGH COURT
BEFORE : RAMESH SINHA AND DINESH KUMAR SINGH-I, JJ.
NEERAJ KUMAR SINGH ....Applicant
Versus
STATE OF U.P. AND ANOTHER ....Respondents
(Criminal Misc. Application No. 28178 of 2018, decided on 5th October, 2018)

Advocates:
Counsel :
Rajrshi Gupta, Dilip Kumar and Sudhanshu Kumar for the Applicant; N.K. Verma, A.G.A. for the Respondents.

Headnote:Criminal Procedure Code, 1973 – Section 482 – Prevention of Corruption Act, 1988 – Section 7 and 13 (1)(d) and 13 (2) – Bribery – Trap case – Quashing of charge-sheet – Applicant, a C.D.P.O. caught red handed while taking bribe money – Submission of applicant that anti-corruption Organisation did not have jurisdiction to lay trap and to further proceed with the investigation and therefore entire prosecution proceedings need to be quashed – Plea negatived – Undoubtedly, person who was involved in recovery should not be allowed to make investigation in the case – Because it would be the natural leaning of such a person to see that recovery made by him should succeed – And therefore he would certainly be biased in seeing the accused punished – Whether instant case be treated to be a case of biased investigation? – Such view can only be formed by trial Court after having examined evidence on record – Interfere with matter at this stage declined. [Paras 10 to 16]

       Result; Application Dismissed.

JUDGMENT

By the Court.—Heard Sri Dilip Kumar assisted by Sri Rajrshi Gupta, learned counsel for the applicant and Sri N.K. Verma, learned A.G.A. for the State.

2. This Criminal Misc. Application under Section 482 Cr.P.C. has been moved with a prayer of quashing the impugned charge-sheet No. 6 of 2017 dated 20.12.2017 and the entire proceedings of Criminal Case No. 42 of 2017 (State v. Neeraj Kumar Singh) pending in the Court of Special Judge, Anti Corruption, Meerut, under Section 7/13 (1) D read with Section 13 (2) of Prevention of Corruption Act, 1988, P.S. Mant, District-Mathura and the order taking cognizance on the said charge-sheet dated 22.12.2017.

3. The facts of the case are that the Opposite Party No. 2 lodged an F.I.R. being Crime No. 318 of 2017, under Section 7/13 (1) D read with 13 (2) of Prevention of Corruption Act (hereinafter referred in short as ‘PC Act’) on 30.10.2017 at P.S. Mant, District Mathura against the applicant stating therein that one complaint was moved by Virendra Singh son of Ramdayal, village Udiyagarhi, P.S. Nauhjhil, District Mathura, addressed to In-charge Anti-Corruption Organization, Agra stating that his wife Smt Mithlesh was working as Assistant at Aangan Bari Center, Primary School Gadhi Kolahar, Block Naujheel, Mathura, inspection of which was made by Bal Vikas Pariyojana Adhikari, Sri Neeraj Kumar Singh (applicant) on 11.10.2017 and he found various irregularities, pursuant to which a notice was issued to her on 11.10.2017, which was replied by her on 16.10.2017 for disposing of the said matter. He (applicant) demanded an amount of Rs. 10,000/- as bribe for deciding the said matter and it was decided that the said amount of bribe would be given to him at an appointed place. But the complainant, instead of given bribe, wanted to get the petitioner apprehended receiving the bribe. The said complaint was got inquired into confidentially by Mohd. Yusuf Shaikh and finding substance therein the Opposite Party No. 2 sent a report on 27.10.2017 to S.P., Anti-Corruption Organization, Lucknow to constitute a trap team. After consultation, under the leader-ship of the Opposite Party No. 2, a trap team was constituted comprising a H.C.P. Mohd. Yousuf Shaikh, Bahadur Singh, lady Constable Sandhya Nigam and Constable (driver) Raghvendra Singh. The said trap team was instructed by the Opposite Party No. 2 to reach Mathura on 30.11.2017 and the complainant was instructed to meet the trap team at Raya-Mant road out side the gate of Dalchand Singh Mahavidyala. On 30.10.2017, the trap team reached office of D.M.’s Mathura in Jeap number UP 32 AG 1877 at 8:00 a.m., there Mohd. Israr meet them. On the application moved by Opposite Party No. 2 to D.M. Mathura requesting for two independence witnesses to be provided, Sri Dinesh Kumar Sexana JA II and Sarad Sharma TAC II of Collectorate, Mathura were nominated, with whom the trap team reached Dalchandra Singh Mahavidyala and met the complainant there. Thereafter, they reached in the meeting hall of Mahavidyala, where, the complainant reiterated/verified the allegations made in his application in front of the members of the trap team and witnesses and five note of Rs. 2000/- denomination bearing numbers mentioned in the F.I.R. which amounted to Rs. 10,000/-, after being treated, were given to the complainant with a direction that those currency notes would be given by the complainant to the accused-applicant on asking for bribe. A memo, in this regard, was prepared by the O.P. No. 2, which was signed by the witnesses and the members of the trap team and thereafter, in accordance with the agreed plan, the complainant as well as all the members of the trap team reached the said Mahavidyala at 1:50 hours, where two teams were constituted of the members of the trap team. In the first team, the O.P. No. 2 himself, In-charge inspector, Head Constable Bahadur Singh and independent witness Sarad Sharma and in the other team SIM Mohd. Israr, H.C.P. Mohd. Yusuf Shaikh















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