Advocates:
['SALUNKE MAYUR V', 'COPY SERVED ON PP', '', 'KADAM KAILAS A']

appln-1884-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.1884 OF 2020

Ankush s/o Rohidas Chavan

.. Applicant

Versus

1.

The State of Maharashtra

Through Police Inspector (ACB),

Police Station (City), Udgir,

Dist. Latur.

2.

Namdeo s/o Tukaram Bhosale

.. Respondents

...

Mr. V. D. Salunke i/b Mr. M. V. Salunke, Advocate for applicant.

Mr. M. M. Nerlikar, APP for respondent No.1 - State.

Mr. K. A. Kadam, Advocate for respondent No.2.

...

CORAM : SMT. VIBHA KANKANWADI AND

RAJESH S. PATIL, JJ.

DATE : 23-11-2022

ORDER :- [Per Smt. Vibha Kankanwadi, J.]

.

Present application has been filed invoking the inherent

powers of this Court under Section 482 of the Code of Criminal

Procedure for quashing the FIR bearing Crime No.165 of 2020 dated

15.07.2020 registered with Udgir City Police Station, Dist. Latur for

the offences punishable under Sections 7 and 12 of the Prevention

of Corruption Act.

(1)

appln-1884-2020.odt

2.

Applicant is a public servant and he was working on the post

of Block Development Officer at Udgir. Respondent No.2 is the

informant, who had given the said complaint alleging that the

applicant had demanded bribe or illegal gratification.

3.

Heard learned Advocate Mr. V. D. Salunke instructed by

learned Advocate Mr. M. V. Salunke for the applicant, learned APP

Mr. M. M. Nerlikar for respondent No.1 - State and learned Advocate

Mr. K. A. Kadam for respondent No.2.

4.

The informant in the case is a husband of the Sarpanch of the

village Kumdal (Her), Taluka Udgir, District Latur. In the capacity as

a husband of Sarpanch of the village though not concerned with

official business of village panchayat still he claims to have

approached the applicant to sanction certain bills of alleged

expenditure made by the village panchayat. Informant alleged to

have approached the applicant serving as Block Development

Officer for approval of those bills. It is alleged that the sanction

was required from the panchayat samiti for the bill of Rs.59,000/-

towards purchase of electric motor pump with equipment and bill of

Rs.1,12,000/- for purchasing sports equipment and furniture for

Anganwadi and Rs.1,48,000/- for LED lights. In order to get those

bills sanctioned and approved, the informant approached the

applicant. On 29.06.2020 the applicant alleged to have demanded

(2)

appln-1884-2020.odt

gratification to the tune of 2% of the bill amount for sanctioning

those bills. He has approved the bill of Rs.59,000/-. It is alleged

that on 02.07.2020, the applicant suggested the informant to first

purchase sports equipment and furniture then bring the bill for

approval. The informant purchased the same and approached the

applicant on 03.07.2020 for approving said bill. At that time the

applicant alleged to have demanded gratification and asked him to

pay the amount to Gramsevak. On 04.07.2020, the informant

contacted accused No.2 Gramsevak, however, he did not accept the

amount of gratification and asked him to directly pay the same to

the applicant. On 06.07.2020, when attempt was made to pay the

amount, the applicant was not present in the office. It is alleged

that on 11.07.2020 accused No.2 informed the informant that the

applicant is not ready to accept the amount and he lodged

complaint on 15.07.2020.

5.

Perusal of the FIR, of which story has been already narrated,

would show that complaint was given by respondent No.2 on phone

on 30.06.2020 to Police Inspector, Darade of Anti Corruption Bureau

and he says that he would wait in Basveshwar Chowk and P.I.

Darade should come to that place. He then says that around 11.00

a.m. he went to that place i.e. Basveshwar Chowk and P.I. Darade

went in police vehicle and informant sat in the said vehicle. The FIR

(3)

appln-1884-2020.odt

is giving a picture that oral complaint was reduced into wri