- (1.) The petitioner is assailing the order dated 10.11.2008 whereby the learned Special Judge (C.B.I.) has taken cognizance for the offence punishable under section 7 and 13 (2) read with Sections 13(i)(d) of the Prevention of Corruption Act, 1988, and order dated 23.04.2011, whereby learned Special (C.B.I.) has dismissed the application of the petitioner seeking discharge.
(2.) Brief facts of the present case, inter alia, are that the petitioner demanded bribe from Sri Gopal Prasad Sinha to clear his bill . Sri Gopal Prasad Sinha approached the C.B.I., Ranchi. After discreet enquiry on the allegation made by Sri Gopal Prasad Sinha an F.I.R. was registered against the petitioner on 09.07.2008. A trap was organized and the petitioner/ accused was caught red handed accepting bribe of Rs. 2500/-. C.B.I. sought sanction from M/s Bharat Coking Coal Limited to prosecute the petitioner. General Manager, B.C.C. Ltd., Sijua Area accorded sanction vide order dated 22.09.2008 (Annexure-7). Thereafter, C.B.I. has submitted charge sheet against the petitioner for offences punishable under section 7 and 13 (2) read with Sections 13(i)(d) of the Prevention of Corruption Act, 1988.
(3.) The learned Special Judge, C.B.I. vide order dated 10.11.2008 pleased to take cognizance against the petitioner. Thereafter, the petitioner moved an application seeking discharge. Application seeking discharge was dismissed vide impugned order dated 23.4.2011.;