Jharkhand High Court
Deepak Kumar vs The State Of Jharkhand Through ... on 5 July, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 348 of 2023
Deepak Kumar .... .. ... Petitioner(s)
Versus
The State of Jharkhand through Anti-Corruption Bureau
.. ... ...Opp. Party(s)
...........
CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
.........
For the Petitioner(s) : Mr. Indrajit Sinha, Advocate
Mr. Vipul Poddar, Advocate
M/s Sugandha Jaiswal Poddar, Advocate
For the Opp. Party(s) : Mrs. Priya Shrestha, SPP
......
03/ 05.07.2023. The instant Cr. Revision has been filed against the order dated
07.02.2023 passed by learned Special Judge, Anti-Corruption Bureau, Ranchi in
connection with A.C.B. (Ranchi) P.S. Case No.04 of 2022 (Vigilance Case No.7 of
2022) whereby petition filed under Section 239 of the Cr.P.C. has been rejected and
charge under Section 7(a) of the P.C. Act, 1988 has been framed.
2. It is submitted that petitioner was posted and working as GPF Clerk and a
complaint has been received against him that he demanded illegal gratification of
Rs.6,000/- for clearing the retiral dues of the complainant.
3. After receipt of the complaint, preliminary enquiry was conducted and after
verification, the allegation was found to be true and a pre-trap team was constituted
and trap was laid in which the petitioner was apprehended red-handed with
Rs.5,000/-.
4. After investigation, charge-sheet has been submitted and cognizance has
been taken under Section 7(a) of the P.C. Act.
5. The petitioner preferred a discharge petition before the learned Court below
which has been rejected and aggrieved by the order, the petitioner has preferred the
instant Revision petition.
6. It is submitted by learned counsel for the petitioner that the main plea for
discharge is on the ground that after forwarding the application for release of GPF
amount, there was no pending application of the complainant with the petitioner.
Further for releasing the other retiral benefits, the petitioner has no role to play. In
view of the fact that there was no matter pending with the petitioner, the very
allegation of making a demand for illegal gratification was without any foundational
basis. In this regard, reliance has been placed in the case of Neeraj Dutta vs. State
(Govt. of N.C.T. of Delhi), reported in 2022 SCC Online SC 1724 wherein it has been
held that demand and acceptance of illegal gratification is sine-qua-non to make out
the offence under Section 7 of the P.C. Act.
7. It is further submitted that distinction has been drawn by the High Court of
Karnatka at Bengaluru in the case of Sri. P. Manjunath vs. The State by Karnatka
Lokayuktha Police & Anr. passed in Writ Petition No.10027 of 2022 (GM- RES)
wherein the entire case was quashed as it related to a demand after the work had
already been completed by the petitioner/accused. The Court gives due distinction
between pre-trap demand and post trap demand. Further reliance has been placed in
the judgment reported in AIR 1994 SC 1538 at Para-7 whereby on similar facts, the
accused was acquitted of the charges.
8. Learned SPP for the ACB has opposed the prayer. It is submitted that after
completing the necessary preliminary enquiry and formalities, the trap was laid and
the petitioner was caught red-handed with the bribe amount. The case fulfils the
necessary ingredients of offence under Section 7 of the P.C. Act i.e. demand
acceptance and recovery.
9. Having heard learned counsel for the parties and perusing the entire materials
on record, I do find force in the submissions advanced on behalf of the ACB. There
are sufficient materials to make out a prima facie case against the petitioner. The
plea that the petitioner was dealing with the GPF file only, and on the said date of
the alleged demand, it was not pending with the petitioner is a defence plea that
cannot be considered at this stage and the petitioner shall be at liberty to raise it
during trial.
As such, I am not inclined to interfere with the prayer made in the instant
petition.
Accordingly, the instant Cr. Revision is dismissed.
(Gautam Kumar Choudhary, J.)
Sandeep/
