State Of Mah., Thr. Dy S P (A C B) Chandrapur v. Ravindra S/O Jairam Randive

Order 903CriAPPA694.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO. 694/2019 IN CRIMINAL APPEAL NO. /2019 State of Maharashtra -VERSUSRavindra S/o Jairam Randive Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri T.A. Mirza, A.P.P. for State.

CORAM : VINAY JOSHI, J.

DATE : JANUARY 03, 2020.

Heard.

2.

This is an appeal of State of Maharashtra in which leave is sought under Section 378(3) of the Code of Criminal Procedure to challenge the order of acquittal passed in Special (ACB) Case No. 1/2006 decided on 27.04.2019 by Special Judge, (Anti Corruption), Chandrapur. The respondent/accused was serving as Talathi and allegedly raised initial demand of Rs. 1700/- for issuing 7/12 extract and latter on, the demand was reduced to the tune of Rs. 1500/-.

Order 903CriAPPA694.19 3.

It is the prosecution case that on 08.06.2005, the complainant - agriculturist had paid the bribe amount of Rs. 1500/- in the form of tented 3 currency notes of Rs. 500/- each. The accused was caught red handed by trapping party and the currency notes were recovered.

4.

The learned prosecutor took me through the complaint as well as the evidence of material witnesses. I have also gone through the entire impugned judgment and relevant portion of the evidence. The learned Trial Court found certain discrepancies in the evidence as noted in para 8 to 11 of the judgment. Having regard to the said facts, leave is granted to file appeal. Criminal Appeal /2019 5.

Admit.

6.

Action under Section 390 of the Code of Criminal Procedure would follow.

7.

Call for R. and P.

JUDGE Gohane.