Krushna S/O Laxmanrao Raut v. State Of Maharashtra, Through Anti Corruption Bureau, Nagpur And Another

Order 1906apl831.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLILCATION NO. 831/2014.

Krushna Laxmanrao Raut -VERSUSThe State of Maharashtra and another.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P.DHARMADHIKARI & P.N. DESHMUKH, JJ.

DATE : JUNE 19, 2015.

Heard Shri S.P. Bhandarkar, learned Counsel for the applicant and Shri R.S. Nayak, learned A.P.P. for respondent no.1.

2.

After hearing the respective counsel on earlier occasion, transcript of talks between the complainant and the applicant was called for. Learned A.P.P. has today produced the same.

3.

Contention of Shri Bhandarkar, learned counsel appearing on behalf of the applicant is that ingredients of Section 15 of the Prevention of

Order 1906apl831.14 Corruption Act, 1988 read with Section 13[1][c] and [d] are not made out, as there is no demand and acceptance. He further submits that alleged voice recording is not authenticated and there is no spectographic test carried out as yet. Unless and until the said recording is authenticated, no charge sheet can be filed.

4.

Learned A.P.P. invites attention to reply affidavit. He submits that investigation is almost complete and final report has been prepared and sent to Senior officer. Further steps in the matter shall be taken in accordance with law.

5.

We have perused the transcript. We find prima facie some material against the petitioner, at least at this stage. Hence, we are not inclined to interfere under Section 482 of Criminal Procedure Code. In this situation, with liberty to the applicant to raise this grievance in accordance with law at appropriate juncture and keeping all contentions open, we dispose of the present Criminal Application. JUDGE JUDGE Rgd.