Simon Marandi vs State Of Jharkhand & Anr on 31 July, 2015

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Jharkhand High Court

Simon Marandi vs State Of Jharkhand & Anr on 31 July, 2015

Bench: R.R.Prasad

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    W.P. (Cr.) No. 428 of 2010
        Simon Marandi, S/o Late Jisu Das Marandi, R/O Village
        Dumaria, PO Talpahari, PS Littipara, Pakur.........Petitioner   
                                 Versus
        State of Jharkhand  & Anr ........                       Respondents
                                 ......
        Coram:  Hon'ble Mr. Justice R.R.Prasad
                                 ......
        For the Petitioner               : Mr. Rajiv Ranjan, Sr. Advocate
                                           Mr. Vishal Kr. Trivedi, Advocate
        For the CBI                      : Mr. K.P.Deo, Advocate
                                 .......
        I.A. No. 3963 of 2015

18./31.07.2015

Heard learned senior counsel appearing for the petitioner and the learned counsel for the CBI on this interlocutory application, wherein prayer has been made to allow the petitioner to incorporate the prayer for quashing of the order dated 04/07/2015, by which cognizance of the offence punishable under Sections 7, 8 & 9 of the Prevention of Corruption Act as well as Section 171 E read with Section 171 B of the Indian Penal Code, has been taken against the petitioner.

Mr. Rajiv Ranjan, learned senior counsel appearing for the petitioner submits that earlier this application had been filed for quashing of the first information report, which had been lodged by the Vigilance but, subsequently, the investigation of the case was taken over by the CBI and after completion of the investigation charge sheet has been submitted, upon which cognizance of the offences, as aforesaid, has been taken against the petitioner, which order has been challenged by way of this interlocutory application.

Prayer made in this interlocutory application is hereby allowed. Let this interlocutory application form part of the main petition. I.A. No. 3963 of 2015, stands disposed of.

W.P. (Cr.) No. 428 of 2010 Mr. Rajiv Ranjan, learned senior counsel appearing for the petitioner submits that vide order dated 12/04/2013, issue involved in the case, had been framed but that does not seems to have correctly been framed as the petitioner has never been alleged to have accepted bribe from anyone, rather as per the case of the prosecution in a 'Sting Operation' there had been a talk in between the petitioner and a Reporter wherein a question was asked as to whether he would be accepting bribe if it is offered by anyone for casting vote for the election of the Members of the Rajya Sabha and, therefore, the correct issue which would fall for consideration is " as to whether without there being any demand of illegal gratification, the petitioner cannot be prosecuted for the offence punishable under Sections 7, 8 & 9 of the Prevention of Corruption Act and also as to whether the talk went on in between the Reporter and the petitioner regarding acceptance of illegal gratification would be taken to be the gratification as no one as per the case of the prosecution, had offered any gratification to the petitioner for casting vote and, thereby, no offence is made out either under Section 7, 8 or 9 of the Prevention of Corruption Act.

However, Mr. K.P. Deo, learned counsel appearing for the CBI submits that he will be ready on this point and, hence, the matter be posted on 21/08/2015.

As prayer for on behalf of the CBI, let this matter be posted on 21st August, 2015 alongwith A.B.A. No. 3893 of 2011, so that the matter be heard and be disposed of.

Let a copy of this order be handed over to the learned counsel appearing for the CBI as well as petitioner.

(R.R.Prasad, J) Mukund/cp.3

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