Laxmi Narain Mittal, J. - (1.) ACCUSED Satbir Singh has filed this petition for anticipatory bail in case FIR No.21 dated 10.08.2010, under Sections 7 and 8 of the Prevention of Corruption Act, registered at Police Station Vigilance Bureau (H), District Gurgaon.
(2.) I have heard learned counsel for the parties and perused the case file. The petitioner, at the relevant time in August 2010, was posted as Sub Divisional Magistrate, Mahendergarh. He had the power to challan overloaded vehicles. Complainant Pardeep and his friend Anil are owners of dumpers, wherein they transport stones. It is alleged that petitioner's co -accused Dharamvir (Reader to Sub Divisional Magistrate, as per FIR, but in fact, Motor Registration Clerk in the office of Sub Divisional Magistrate) used to collect money from drivers of overloaded vehicles and if money was not paid, used to challan the vehicles. On 08.08.2010, vehicles of complainant and Anil were challaned by Dharamvir, while the petitioner Sub Divisional Magistrate was not there. When the complainant questioned Dharamvir about it, he told that he had been given blank signed challan -book by Sub Divisional Magistrate and accordingly, Dharamvir issued the challans on behalf of Sub Divisional Magistrate. Dharamvir demanded Rs.3,500/ -each for both the vehicles as bribe, to be paid to one Raj Kumar at Kisan Dharam Kanta (weigh -bridge).
(3.) LEARNED counsel for the petitioner vehemently contended that action in the FIR was demanded against Dharamvir and not against the present petitioner. The contention cannot be accepted. It has been specifically mentioned in the FIR that Dharamvir, in the absence of petitioner Sub Divisional Magistrate, issued challans bearing signatures of the petitioner, who had given blank signed challan -book to Dharamvir. These averments in the FIR itself constitute grave offence by the petitioner. He had illegally delegated his power to his official Dharamvir for challenging the overloaded vehicles, if bribe money was not paid.;