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2019 DIGILAW 465 (JHR)

Subal Chandra Gorain v. State Of Jharkhand Through Vigilance

2019-02-14

B.B.MANGALMURTI

body2019
JUDGMENT B B Mangalmurti, J. - Heard learned counsel for the petitioner as well as learned counsel for the A.C.B. 2. It is submitted on behalf of the petitioner that order dated 05.07.2018 passed by Special Judge, A.C.B., Dhanbad is under challenge here by which the court below has dismissed the petitioner''s application for discharge. He further submitted that the court below without consideration of the matter that the petitioner has very negligible role to play in the matter of mutation, has passed impugned order. He also submitted that before the trap was conducted, the alleged mutation of the land was already done but even then false allegation of demand of bribe was made. 3. Learned counsel for the A.C.B. submitted that the illegal demand was made for the mutation of the land in the name of father of the complainant. He further submitted that after verification the pre trap memorandum was prepared and trap team was constituted and thereafter the trap was successfully conducted. After preparation of post trap memorandum the accused was taken into custody. The G.C. notes recovered from the possession of the accused-petitioner have tallied with the pre trap memorandum and the solution in which the hands of the petitioner were washed was also kept as exhibit in the case. 4. Having considered the submission made on behalf of the parties and on perusal of the papers attached with this application, it appears that at the relevant time petitioner was working as Nazir, Circle Office, Topchanchi and was approached for mutation of land which was purchased by the father of the complainant. After the illegal demand, complainant has approached the S.P., A.C.B. and thereafter the formalities of pre trap and post trap memorandum were observed. From the possession of this petitioner the amount was recovered which tallied with those notes which have been mentioned in the pre trap memorandum. The court below on consideration of the matter found prima facie case against this petitioner and thereby dismissed the application filed under Section 239 of the Cr.P.C. Finding no illegality or irregularity in the impugned order, the instant application is dismissed. 5. Let a copy of this order be transmitted to the court concerned.