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On the basis of the above complaint, the vigilance arranged a trap. The First Information Report narrates the events as follows:

"As the complaint filed by the complainant Mr. Dattatraya Phalke is of a crime which comes under Anti Corruption Act and as we are authorized to take cognizance of such crime on the basis of complaint filed by Mr. Phalke by deciding to arrange for a trap for arresting Mr. Chavan, Sub-Divisional Officer and Sub-Divisional Magistrate, Sub Division Maval, Pune and Mr. Soma, Office Superintendent (Shirastedar), Sub Divisional Office, Maval Pune while taking bribe from complainant Mr. Phalke and for that purpose by giving a written letter to the Hon'ble Medical Superintendent, Regional Mental Hospital, Yerawada, Pune from their office, the services of 1) Dr. Amol Ranganath Jadhav, age 25 years, Occupation-Service- Medical Officer, Regional Mental Hospital, Yerawada, Pune-6, residing at C-43, B. J. Medical College Hostel, Near Collector Office, Pune-48, 2) Dr. Sham Bandu Badse, age 55 years, Occupation-Service, Medical Officer, Regional Mental Hospital, Yerawada, Pune-6, residing at Sunderban Sadan, Nandanwan, Lohagon, Pune-48, got available as the Panch witnesses. The complainant and the Panch witnesses were introduced to each other. The complaint filed by the complainant was briefly stated to the Panchas. Accordingly, we gave the complaint filed by the complainant for reading to panch witnesses and after getting assured that the same is correct, they signed below it. Thereafter, it was unanimously decided to verify the complaint filed by the complainant Mr. Phalke in connection with the bribe demanded by the Sub-Divisional Officer and Sub-Divisional Magistrate, Sub Division Maval, Pune Mr. Sanjaysingh Chavan and Office Superintendent (Shirastedar).
Thereafter on 22/11/2010 at 16.30 o'clock, myself, complainant Mr. Phalke, aforesaid two panchas, Police Inspector Mr. B.R. Patil, Police inspector Shri Belsare from the office of Anti Corruption Bureau came walking via Sadhu Waswani Chowk and went to new administration Building Pune-1. At that time, we started voice recorder from our custody and suppressed it and its mike below the shirt of complainant and started the recording button of the same. Thereafter as per our instructions, firstly complainant Mr. Phalke and Panch No. 1 Mr. Jadhav went to the office of the Sub-Divisional Officer and Sub-Divisional Magistrate, Sub Division Maval, Pune which is in the New Administrative building. Immediately behind them, myself, Pancha No. 2 Mr. Bedase and police officer and employees stood separately around the office of Sub-Divisional Officer and Sub-Divisional Magistrate Maval, Sub Division Pune so that no doubt will be created to anyone. After half an hour from the said place, complainant Shri Phalke and panch No.1 Mr. Jadhav came out. Thereafter, we all came back from there to Pune Office of Anti Corruption Bureau. After coming back to the said office, we took out the recording machine placed upon complainant Shri Phalke and closed its button of recording and heard along with the panchas the conversation which took place among complainant Mr. Phalke, public servant Mr. Chavan and Mr. Soma and it revealed that the public servant Mr. Chavan and Mr. Soma have demanded a bribe of Rs. 75,000/- from the complainant Mr. Phalke. With the consent of myself, panchas and complainant, it was decided to take further action on 23/11/2010. Accordingly, the complainant and aforesaid panchas were instructed to remain present in the office of the Anti-Corruption Bureau, Pune on 23/11/2010 at 10.00 o'clock in the morning.

The investigating officer submitted his report under Section 173(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.PC") though wrongly mentioned as 169 Cr.PC. To quote from the closure report:

"From overall investigation of the said crime and from documents and evidence received, for filing case under Section 7, 12, 13(1) (D) r/w. 13(2) of Prevention of Corruption Act, 1988 as per the provisions in Confidential Circular No.CDR/1099/Pra.Kra.62/99/11-A dated 03/04/2000 of the Maharashtra Government, General Administration, against the Accused public servant herein (1) Shri Sanjaysinh Ramrao Chavan, Sub-Divisional Officer and Sub-Divisional Magistrate, Maval Sub-Division, District Pune, (2) Shri Suhas Ramesh Soma, Awal Karkoon (Shirastedar), Sub-Divisional Officer Office, Maval Sub-Division, Pune, when report was submitted by the then Investigating Officer Shri P.B. Dhanvat, Assistant Commissioner of Police, Deputy Superintendent of Police, Anti-Corruption Bureau, Pune vide outward No.PBG/ACP/DSP/ACB/Pune/2011-283 dated 21/02/2011 to the Director General, Anti-Corruption Bureau, Maharashtra State, Mumbai through the Deputy Commissioner of Police/Superintendent of Police, Anti-Corruption Bureau, Pune for writing to the Competent Officer Maharashtra Government (Revenue and Forests) Mantralaya, Mumbai, of APS for obtaining pre-

prosecution approval/sanction as required under Section 19 of Prevention of Corruption Act, 1988, and the Deputy Superintendent of Police/Superintendent of Police, Anti-Corruption Bureau, Pune has vide his Outward No.CR/438/Pune/2010-1591 dated 20/05/2011 sent such report to the Director General, Anti-Corruption Bureau, M.S. Mumbai, after scrutinizing the investigation documents of the crime, the Director General, Anti- Corruption Bureau, Maharashtra State, Mumbai has issued orders vide his Order No.CR/438/Pune/2010-4812 dated 03/06/2011 that "since there is no evidence available to the extent of filing charge-sheet against APS Shri Sanjaysinh Ramrao Chavan, Sub-Divisional Officer and Magistrate, Maval, District Pune in the said trap case, decision is taken not to file charge sheet against him and by taking legal action against him, for preparing and sending proposal of Departmental Inquiry to the Competent Officer and since evidence is available against APS Shri Suhas Ramesh Soma, Awal Karkoon (Shirastedar), Sub-Divisional Officer Office, Maval, District Pune, orders are issued for submitting pre-prosecution sanction proposal to his Competent Officer for filing prosecution in Competent Court against him. The said Orders are received vide O.No.CR/438/Pune/2010-1846 dated 09/06/2011 of the Deputy Commissioner of Police/Superintendent of Police, Anti-Corruption Bureau, Pune and Xerox copy of abovementioned order is submitted herewith for perusal.