- (1.)The applicant should have filed criminal revision against the impugned order but instead he has filed this petition under Section 482 of the Cr.P.C. However, since we have heard the matter at length, instead of dismissing it on this ground we are deciding it on merits treating it as a criminal revision.
(2.)This revision has been filed by the applicant being aggrieved by order dated 20.5.2015 passed by Special Judge, CBI, Bhopal in Case No. SC-CBI/2/15 by which the application filed by the applicant under Section 207 read with Section 173(5) of the Cr.P.C. has been rejected.
(3.)The facts, in short, giving rise to this revision are that a written complaint was made by Pawan Jindal, Director, R.B. Commodities Pvt. Ltd. on 21.3.2014 against the applicant, who was General Manager, Food Corporation of India, Regional Office, Bhopal, alleging that his company M/s R.B. Commodities Pvt. Ltd. and his associate companies had purchased wheat against tenders of FCI, Head (Regional) Office, Bhopal during 9.12.2012 to 15.3.2013. As per the tender conditions, loading charges for the purchased wheat were to be borne by FCI; however, the same were borne by the complainant and "firms related to him". The complainant deposited the refund claims/bills related to loading charges of wheat, in the FCI Head (Regional) Office and District Office. The total amount of such bills was approximately to the tune of Rs.85 Lakhs. The applicant demanded bribe of Rs. 10 Lakh for making payment of such bills. The complainant did not want to pay the bribe amount, therefore, he lodged the complaint with SP, CBI, Bhopal to take appropriate legal action.