- (1.) We are, in this case, concerned with the question whether the prosecution is bound to produce the original complaint/application filed by an unknown person, based on which an inquiry was initiated by the Anti Corruption Bureau.
(2.) The petitioner (first accused) along with three others moved an application before the Special Sessions Court of Greater Bombay for a direction to the prosecution/Anti Corruption Bureau to produce the original complaint/application filed by an unknown person, leading the accused person to be charge-sheeted for offences under Section 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988 read with Section 109 of the Indian Penal Code.
(3.) The petitioner submitted that on the basis of that complaint an open enquiry No.31/198 was conducted and following that Special Case No.39 of 1999 was registered against the accused person. It was brought out that one complaint/application was received by the Anti Corruption Bureau and copy of that application was forwarded to the Home Department. PW1 had deposed that he could not disclose the name of the person who had sent that complaint. It was mentioned therein that the first accused was having huge movable and immovable property at Bombay, Aurangabad and Nagpur. The first accused wanted a copy of the original complaint to be produced before the court as well as the name of the person who had sent that complaint.;