IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR HON'BLE SMT. JUSTICE SUNITA YADAV &

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE MISC. CRIMINAL CASE No. 13154 of 2023 PRADEEP VERMA Versus THE STATE OF MADHYA PRADESH AND OTHERS ............................................................................................................................

Appearance:

Mr. M.P.S. Raghuvanshi – Senior Advocate assisted by Mr. Chetan Kanungo – Advocate for the petitioner.

Mr. Ankur Mody – A.A.G. for the respondents.

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Reserved on : 05.11.2024 Delivered on : 18.12.2024 ------------------------------------------------------------------------------------------

ORDER

Per: Justice Sunita Yadav Present petition under Section 482 of Cr.P.C. has been filed for quashing the FIR bearing Crime No.41/2020 registered at Economic Offences Wing (hereinafter referred to as “E.O.W.”), Bhopal dated 27.11.2020 for the offence under Section 7 of Prevention of Corruption Act (hereinafter referred to as “the Act”), charge-sheet and other consequential Signature Not Verified and incidental proceedings in SC-EOW 02/2021.

2. Facts in brief to decide the present petition are that on 17.9.2020, complainant Dharmendra Bhardwaj lodged / filed an application / complaint before Superintendent of Police (E.O.W.), Gwalior against present petitioner / accused Pradeep Verma, the then City Planer, Municipal Corporation, Gwalior to the effect that he along with Madakhalat Amla came to the construction site and demanded bribe of Rs.50,00,000/- (Rupees Fifty Lakh) from the complainant otherwise the duplexes built by the complainant on the land purchased by him at New Suresh Nagar near water tank from Shruti Developers will be demolished. Upon the instructions of the complainant, Nandlal Sharma gave Rs.10,00,000/- (Rupees Ten Lakh) to the petitioner / accused in the first week of January, 2020. When rest of the amount was not given to the petitioner, Notice No.29/2020/3/3/niyojan/145 dated 25.1.2020 was sent by Municipal Corporation, Gwalior to the contractor of the complainant. In the complaint, complainant further stated that he does not want to give rest of the bribe amount and wants the petitioner / accused Pradeep Verma to get caught red-handed. The complainant further requested that he wants E.O.W. to investigate the matter. Upon his complaint, Superintendent of Police (E.O.W.), Gwalior directed Lokendra Singh Tomar, Additional Superintendent of Police (E.O.W.), Gwalior to take necessary actions who Signature Not Verified in turn after enquiring from the complainant and perusing the documents, gave a Digital Voice Recorder (hereinafter referred to as “DVR”) to the complainant to record the conversation regarding bribe between him and the petitioner / accused. Next day on 18.9.2020, the DVR, having recording of the conversation regarding bribe between the complainant and the petitioner, was handed over to the police. On 27.11.2020, complainant filed one more application and also handed over his mobile phone to the police containing two more voice recordings of conversations between him and the petitioner regarding demand of bribe and upon listening the same, petitioner was heard demanding bribe of Rs.25,00,000/- (Rupees Twenty Five Lakh) from the complainant. Thereafter, certificate of 65-b of Evidence Act was prepared and the matter was sent to E.O.W., Bhopal for registration of FIR and thereafter, present FIR bearing Crime No.41/2020 was registered against the petitioner on 29.11.2020 for the offence under Section 7 of the Act and investigation was initiated.

3. After completion of investigation, charge-sheet was filed against the petitioner on 06.8.2021 before the trial Court and the trial Court vide order dated 01.12.2021 framed charges under Sections 7, 13(1)(b) r.w. 13(2) of the Act against the petitioner. Thereafter, petitioner filed an application under Section 216 of Cr.P.C. before the tr