AMARESHWAR SAHAY, J. - (1.) Heard the counsel for the parties.
(2.) IN this application the petitioner has prayed for quashing of the entire criminal proceedings against him including the order dated 14/06/2005, passed by the Special Judge, C.B.I. -cum -3rd Additional Sessions Judge, Dhanbad in R.C. Case No. 17 (A)/91 (R), whereby the petition for discharge of the petitioner was rejected by the Special Judge. A first information report was registered by the CBI against the petitioner, who was posted as Revenue Inspector in Area No. VI in B.C.C.L., Dhanbad. It is alleged in the F.I.R. that on telephonic information to the effect that the petitioner was demanding Rs. 1000/ - as illegal gratification from one Suresh Rawani for processing his case for employment in the B.C.C.L, the Superintendent of Police, CBI, Ranchi, directed Sri D.B. Singh, Inspector, C.B.I., Ranchi, to constitute a Team and to take necessary legal action against the accused P.K. Jha, the petitioner herein. In the Office of the C.B.I. at Dhanbad the complainant Suresh Rawani told that the petitioner was demanding Rs. 1000/ - as bribe for processing his case for employment in B.C.C.L. Accordingly, Sri D.B. Singh, Inspector, C.B.I., Ranchi constituted a Team and arrange a trap. The complainant was given 10 numbers of 100 rupee G.C. Notes with an instruction that on demand, the said currency notes be given to the accused P.K. Jha. Subsequently, when the complainant went to the office of the petitioner and on his demand the aforesaid currency notes were given to him, in the meantime, the C.B.I. Officers/trap team reached there, caught hold the petitioner red handed, which was witnessed by the other witnesses present there. The whole proceeding was recorded in the form of memorandum, which was signed by the witnesses and the petitioner was apprehended by the C.B.I.
(3.) AFTER investigation, the C.B.I. submitted charge sheet against the petitioner under Section 7 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, on the basis of which the cognizance was taken by the Special Judge, C.B.I., for the aforesaid offences against the petitioner. Subsequently, a petition was filed before the Special Judge, C.B.I. on behalf of the petitioner for his discharge. The learned Special Judge by the impugned order dated 14/06/2005, rejected the prayer for discharge of the petitioner, which has been challenged by the petitioner in the present application.;