- (1.) Heard Sri Virendra Singh and Sri Dinesh Tiwari, learned counsel for the petitioner, Sri Suresh Chandra Dwivedi, learned counsel for the private respondent no.7 and Sri N.K. Verma, learned A.G.A. for the state.
(2.) This Criminal Misc. Writ Petition has been filed by the petitioner seeking quashing of impugned order dated 25.04.2018 passed by the State Government in respect of F.I.R. dated 02.05.2017 registered as Case Crime No. 254 of 2017, Police Station Shahganj, District Agra, under Sections 7, 13(1)d and Section 13(2) of PC Act, 1988 and for issuing a mandamus commanding the respondent no.1 to reconsider sanctioning prosecution of respondent no.7 on approved DFR (draft final report) by the Director Vigilance and decide the same in accordance with law.
(3.) In brief, the prosecution case is that on a complaint of the petitioner, Dinesh Singh Chahar, a trap proceedings were laid against the respondent no.7, Kanahaiya Lal Saraswat, Lekha Adhikari, Office of Basic Shiksha Adhikari, Agra. The respondent no.7 was arrested taking bribe of Rs. 50,000/- on 02.05.2017 by the trap team, headed by the informant, Sarad Chandra Sharma, Deputy Superintendent of Police, Uttar Pradesh Vigilance Establishment, pursuant to which Case Crime no. 254 of 2017 was registered under Section 7/13(1) and Section 13(2), Police Station Shahganj, District-Agra on 02.05.2017. According to F.I.R., the said amount was being demanded by the respondent no.7 as illegal gratification from the petitioner-complainant, for doing his work. The petitioner had approached the authorities for getting the respondent no.7 caught red handed taking bribe and thereafter, the trap proceedings were laid in accordance with the procedure prescribed.;