Amarjeet Kumar Sahu vs State Of Jharkhand

Heard learned counsel for the petitioner and learned counsel for the A.C.B.

Instant revision application has been filed against order dated 02nd January, 2019 passed by Special Judge, A.C.B., Dhanbad in Special (ACB) Case No. 19 of 2017 arising out of Dhanbad P.S. Case No. 19 of 2017 (G.R. Case No. 2240 of 2017) by which the application for discharge of the petitioner was rejected.

The short fact of the case is that the petitioner at the relevant time was posted as Revenue Clerk at Bagodar in District- Giridih as per the allegation he demanded Rs. 3,000/- as illegal gratification from the informant of this case who wanted mutation of the land purchased by his wife. When the matter was reported to A.C.B. the verification was done and after the submission of verification report, case was lodged and after observing the formalities of pre trap and post trap memorandum the trap was laid. From the possession of this petitioner Rs. 2,500/-was recovered. Hand wash of this petitioner was dipped into chemical solution which turned into pink and the same was also kept as material exhibit of this case.

Learned counsel for the petitioner submitted that as per the First Information Report this petitioner had demanded Rs. 3,000/- but only 2,500./- was recovered which was kept beneath the paper of his official table. This creates doubt. He further submitted that this petitioner handed over charge of Circle Inspector to Ram Ratan Kumar on 08th May, 2017 so on the date of occurrence i.e., 17th June, 2017 he was not holding the post of Circle Inspector. This also falsify the case of the prosecution. Lastly he submitted that since April, 2017 as per the direction of the State of Jharkhand all mutation have compulsorily have been made on line therefore, question of carrying out manual mutation does not arise.

Learned counsel for the A.C.B. submitted that this petitioner was revenue clerk at Tisra Anchal in the District of Giridih on 30th July, 1992 and in the year 1997 he was posted at Dumri in District Giridih. At the relevant time this petitioner having dual charge of Circle Inspector and Revenue Clerk also. He remained functional as Revenue Clerk after he handed over charge of Circle Inspector to Ram Ratan Kumar. As per the allegation this petitioner had demanded Rs. 3,000/- as bribe for carrying out mutation of the land purchased by the wife of the informant. After verification the allegation was found true and the First Information Report was lodged. The formalities of pre trap and post trap memorandum was done and Rs. 2,500/- was recovered from the conscious possession of the petitioner which was kept beneath the paper of his official table. Hand wash of the petitioner was also turned pink while it was dipped into chemical solution. The Court below after consideration of the evidences collected against this petitioner has rightly come to the conclusion and dismissed the application for the discharge.

Considering the above submission and parties on the perusal of the papers attached with this application it appears that as per allegation there was demand of illegal gratification by this petitioner and the tainted money was recovered from conscious possession of the petitioner while it was kept beneath the paper of his official table. Hand wash of the petitioner was also dipped into chemical solution which turned into pink. The court below after discussing all the material points as well as evidences collected against this petitioner has come to the finding that there are prima facie sufficient materials against this petitioner to frame charge and dismissed the petitioner's application for discharge.

In this circumstances finding no reasons to interfere with the impugned order accordingly instant revision application is dismissed.

Let a copy of this order be transmitted to the Court concerned.