), AIR2011 SC 3845 , 2011 (75 ) ACC 619 , 2012 (3 )B.L.J.69 , (2012 )2 CALLT77 (SC ), IV (2011 )CCR321 (SC ), 2011 (4 )ECrN (NULL ) 1120 , 2011 INSC 708 , 2011 (4 ) KLT(SN) 35 , 2011 (4 )RCR(Criminal)290 , 2011 (10 )SCALE740 , (2011 )10 SCC259 , (2012 )1 SCC(LS)285 , [2011 ]12 SCR718 , 2011 (3 )SLJ328 (SC ), ,MANU/SC/1110/2011P. Sathasivam#B.S. Chauhan#285SC3050Judgment/OrderAIC#AIR#Allahabad Criminal Cases#BLJ#CalLT#CCR#ECrN#INSC#KLT(SN)#MANU#RCR (Criminal)#SCALE#SCC#SCC(LS)#SCR#SLJP. Sathasivam,SUPREME COURT OF INDIA2013-9-30Enforcement of Decrees and Orders of Supreme Court and orders as to Discovery, etc.,The Union Judiciary,The Union,Constitution of India57731,57737,17067,16125,16127,17071,20480,57736,16587,20291,17483 -->

MANU/SC/1110/2011

True Court CopyTM English

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 650 of 2008

Decided On: 23.09.2011

Appellants: A.B. Bhaskara Rao Vs. Respondent: Inspector of Police, CBI, Visakhapatnam

Hon'ble Judges/Coram:
P. Sathasivam and B.S. Chauhan

JUDGMENT

P. Sathasivam, J.

1. This appeal is directed against the final judgment and order dated 03.10.2007 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal No. 436 of 2001 whereby the High Court dismissed the appeal filed by the Appellant herein and confirmed the judgment dated 19.03.2001 passed by the Special Judge, C.B.I. Cases, Visakhapatnam in C.C. No. 2 of 1998.

2. Brief facts:

(a) The Appellant-accused was working as a Head Clerk in the Traffic Cadre Section in the Office of the Senior Divisional Personnel Officer, South Central Railway, Vijayawada during the period from April, 1992 to November, 1997. The nature of duties of the Appellant-accused included dealing with and processing of the matters like promotions, transfers, seniority list, roster list, pay fixation on promotions, retirements, resignations etc. of the personnel.

(b) One K. Rama Rao-the Complainant, who was examined as PW-1, was posted as Yard Points Man, Grade `A' under Station Superintendent, South Central Railway, Tanuku from December, 1995 to June, 1997. In June, 1997, due to excess staff at Tanuku, he was instructed to report at Head Quarters, Vijayawada and accordingly, when he reported there, he was asked to go back to Tanuku. Thereafter, he went back to Tanuku from where he was subsequently transferred to Rajahmundry. Thereafter, PW-1 made a representation to his senior officer requesting him for posting at Vijayawada, Cheerala, Vetapalam or Tenali. Later, PW-1 was transferred to Vijayawada.

(c) As the Appellant-accused was dealing with the transfers, the complainant (PW-1) met him on 05.11.1997 at his office to pursue about the issuance of the said transfer order. The appellant-accused asked him to come on 10.11.1997. When he met him on 10.11.1997, the Appellant asked him to come on the next day as he was busy in pay-fixation work. On 11.11.1997, again he went to the office of the Appellant but he could not find him on his seat. Again a day after i.e. on 13.11.1997, when he met the Appellant-accused, he informed him that his request for transfer has been processed and the order is ready and the same has been placed before the A.P.O. for signature and asked him to come on the next day, i.e., on 14.11.1997, and demanded Rs. 200/- for releasing the said office order.

(d) On the same day, (PW-1) reported the matter in writing to the Inspector of Police, Central Bureau of Investigation (in short `the CBI), Vijayawada. On 14.11.1997, a trap was ........