- (1.) Heard Sri B.B. Jauhari, learned counsel for the applicant and Sri N.K. Verma, learned AGA for the State and perused the record.
(2.) The present 482 Cr.P.C application has been filed with the prayer to quash the order dated 8.2.2018 passed in Misc. case no. 10 of 2017 (Rohitashav Kumar Vs. Shishu Pal Singh and others) under Section 467, 468, 471, 120B I.P.C. read with section 7/13 Prevention of Corruption Act, decided by Special Judge (Prevention of Corruption Act) Court no. 2/ Additional Sessions Judge Bareilly (Annexure no. 2) and the further prayer is made to stay the operation and effect of the said order dated 8.2.2018 (Annexure no. 2) and that a direction be issued to the said Court to pass fresh orders on the application of the applicant.
(3.) It would be proper to refer here to the complaint made as well as the impugned order passed thereon so as to know what were the facts of the case and what order was passed by the Court below. In the complaint, it is mentioned that the petitioner has submitted an application before the Court below under Section 156(3) Cr. P. C. stating that he was appointed on the post of clerk in District Panchayat Uchchtar Madhyamik Vidyalaya Devkali, Shahjahanpur, vide order dated 20.02.2009 by the Manager/Chairman of the District Panchayat Shahjahanpur and was working in that capacity from 24.02.2009 to 23.01.2010 but he was not paid salary for the said period. In course of time he was removed from the said post and the said post was filled up by promoting class IV employee, Sri Rajiv Kumar. Because the appointment of the petitioner was made in accordance with rules, an order was passed by competent authority on 31.12.2010 for absorption of the petitioner in District Panchayat but despite various correspondence having been made, the Apar Mukhya Adhikari, Shishu Pal Singh, District Panchayat, Shahjahanpur did not allow him to take charge, instead demanded illegal gratification of Rs. 5 lakhs, which demand he could not fulfill. Being aggrieved, the petitioner made a written complaint to the Hon'ble Chief Minister vide letter dated 15.09.2016, in pursuance whereof on 23.03.2017 somebody called on the mobile phone of the petitioner being 9935447637 at 4:09 P.M. and 4: 32 P.M. from phone numbers 9336038850 and 7786970533, who identified himself as Naresh and demanded a bribe of Rs. 5 lakhs and it was told that he was talking to him on phone at the instance of Special Secretary, Sri Mahendra Kumar from Secretariat Lucknow. If he pays Rs. 5 lakhs his work would be done and the said amount shall have to be paid by him at District Panchayat, Shahjahanpur. The recording of telephonic conversation is in existence. Thereafter, when the petitioner contacted Mukhya Adhikari he told him to contact Anil Diwedi. When Anil Diwedi was contacted, he again made a demand of Rs. 5 lakhs, to which the petitioner stated that he was a poor man and was not in a position to arrange such a huge amount. Thereafter, both the persons sent a false report to the Government, after getting a forged email sent to Lucknow, a false case was registered against the petitioner at Police Station Sadar Bazar. It is further mentioned that if any such email was sent, the same might have been sent by Shishu Pal Singh, Apar Mukhya Adhikari in collusion with some other person, to falsely implicate the petitioner, because the said officer was resident of Lucknow itself. The petitioner went to police station to lodge an F.I.R in the matter, when he was not heard, he sent a registered complaint in that regard to Superintendent of Police, Shahjahanpur but even he did not take any action thereon.;