- (1.) Heard counsel for the Petitioner and the counsel for the State Vigilance Department / opposite party.
(2.) Invoking the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, the Petitioner in this application under Section 482 of the Code of Criminal Procedure, has prayed for quashing the entire criminal proceedings pending against him including the order of cognizance date 11.09.2002 passed by the Special Judge, Vigilance, Ranchi in connection with Vigilance P.S. Case No. 44 of 2002 whereby and whereunder, cognizance for the offences under Sections 7, 13(2) read with Sections 13(1)(d) of the Prevention of Corruption Act, 1988 and Section 201 of the Indian Penal Code, was taken against the Petitioner.
(3.) Facts relevant for the disposal of this case, are as follows: A complaint was lodged by one Santosh Kumar before the officer of the State Vigilance Department alleging therein that there was a quarrel between the complainant and one trekker driver resulting in a scuffle between them. The owner of the trekker lodged a complaint at the Lalpur Police Station for the alleged occurrence. The complainant has alleged that the present Petitioner being the then officer-in-charge of the Lalpur Police Station, called the complainant at the police station through a constable and demanded illegal gratification of Rs. 1,500/- for settling the dispute between the complainant and the owner of the trekker out of court. On the basis of such complaint, the Vigilance Department, after verification, registered the case vide Vigilance P.S. Case No. 44 of 2002 dated 13.07.2002. Thereafter, a trap was organized. Currency notes amounting to Rs. 1,500/-, smeared with Phenolphthalein powder, were handed over to the complainant Santosh Kumar with instruction that upon demand made by the Petitioner, the money should be given to him. After the formal rehearsal, the trap team went to Lalpur Chowk as guided by the complainant. It is alleged that on seeing the complainant, the Petitioner who was present at the chowk, demanded money from the complainant and in response, the complainant handed over the tainted currency notes amounting to Rs. 1,500/- to the Petitioner who, in turn, handed over the same to his driver namely the co-accused Kunwar Singh. Upon receiving the signal, all the members of the trap team, who had positioned themselves nearby, arrived and caught hold of the Petitioner and also the driver. The tainted currency notes were recovered from the trouser pocket of Kunwar Singh. Thereafter, the Petitioner and the driver were brought to the police station. There the hands of both the accused persons were dipped in chemical solution and the solution was sealed in four different bottles with specific marks of identification. The sealed bottles of the hand dipped solution were sent to the Forensic Science Laboratory and the report of the Forensic Science Laboratory was subsequently obtained. Sanction for prosecuting the Petitioner for the offences was obtained. After concluding the investigation, the Investigating officer of the Vigilance Department submitted charge sheet against both the accused persons and on the basis of the charge sheet, the Special Judge (Vigilance), vide the impugned order, took cognizance of the offences against the accused persons.;