DEBABRATA BAKSHI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Challenge in this application under Section 482 of the Code of Criminal Procedure is the order dated 14th September, 2017 passed by learned Judge, CBI Court No.2 Alipore, South 24 Parganas in connection with Special case 03/14 arising out of RC case No. 01/14 whereby and where under learned trial Court has rejected the prayer of the petitioner under Section 239 of the Code of Criminal Procedure.

(2.) One Sambhunath Chatterjee authorized representative of M/s. Chatterjee Construction had set the criminal law in motion resulting in registration of FIR being no. RC 102014A0001 dated 2nd January, 2014 under Section 7 of the Prevention of Corruption Act, 1988 against Shri Debabrata Bakshi, Executive Engineer, KOPT, Kolkata on the allegations that Shri Debabrata Bakshi / the petitioner demanded an illegal gratification of Rs.10,000/- from him on 2nd January, 2014 for processing the pending bills of M/s. Chatterjee Construction amounting to rupees ten lakhs against the work already undertaken and executed by M/s. Chatterjee Construction for repairing five residential quarters of KOPT at Taratala New Colony.

(3.) After registration of the said case, the Central Bureau of Investigation laid a trap and caught the accused red handed with the amount of illegal gratification. The investigation ultimately culminated in filing of charge sheet against the present petitioner. The petitioner filed an application in the trial Court under Section 239 of the Code of Criminal Procedure for his discharge on the following grounds.