- (1.)Heard on the question for grant of leave to appeal. This is an application for grant of leave to appeal under Section 378(3) of Cr.P.C., 1973 filed by the Special Police Establishment (Lokayukt) against the judgement and order of acquittal dated 27.11.2014 passed in Special Case No.16/2013 whereby, learned Special Judge acquitted the non-applicant - Amit Singh Chouhan from the charges framed under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act.
(2.)Brief facts of the case are that one Hemant Kumar Gupta (complainant) made a complaint on 01.08.2012 that one cow belonging to his friend has been retained by Nagar Palika Nigam in the Kanji House and for releasing the same, the non-applicant, who was Daroga (Assistant Revenue Inspector) in the Municipal Corporation, Ujjain is demanding Rs. 1,000/- as bribe.
(3.)Upon this, the applicant after completing the formalities of verification of the complaint arranged a trap after registering an offence under Section 7 of the Prevention of Corruption Act. On 01.08.2012 itself, the non-applicant was apprehended by the team of SPE (Lokayukt), Ujjain and he was caught red-handed and the tainted notes were recovered from the pocket of his shirt.