Gajanan Bhaurao Pise v. State Of Mah., Thr. P.S.O. Ps Yavatmal City Dist Yavatmal And 2 Others

2025:BHC-NAG:4909-DB 5.APL 1370.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.1370 OF 2019 Gajanan Bhaurao Pise .Vs. State of Maharashtra, through PSO, PS, Yavatmal and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. P.P. Sarise, Adv. h/f Mr. R.J. Shinde, Adv. for applicant. Mr. S.S. Doifode, A.P.P. for non-applicant/State. CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ. DATE : 06/05/2025 1.

Heard.

2.

In the present matter, the Chargesheet No.214 of 2024 dated 01.07.2024 filed in First Information Report (hereinafter referred to as "FIR") No.582 of 2019 dated 04.10.2019 registered with Police Station Yavatmal city, for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988, is sought to be quashed and set aside. 3.

The only argument made by the learned counsel for the applicant is that, there is nothing on record to show that the applicant accepted the amount. 4.

In reply, the learned A.P.P. points out that the offence is registered under Sections 7 of the Prevention of Corruption Act, 1988, and the allegation is about demand

5.APL 1370.19.odt of money by the applicant. He submits that, it is the matter of trial and for the reason that, he did not accept any amount or he did not receive any amount, cannot quash the chargesheet.

5.

We find substance in the submission of the learned A.P.P. Whether there was a demand or not, it is a matter of trial and further since the offence is registered under the Prevention of Corruption Act, 1988, there is a presumption.

6.

In that view of the matter, we do not find any merit to quash and set aside the Chargesheet. Accordingly, it is rejected.

(PRAVIN S. PATIL, J.) (ANIL S. KILOR, J.) C.L.Dhakate