Failure of trap.
venkatesh Rao
(Querist) 29 September 2013
This query is : Resolved
Learned experts,
My client is booked under prevention of corruption act. Trap laid was not successful. Voice recorder used wherin forcefully demand was appeared to be made. The work was already over.Only ground is voice recording.
Can I seek for quash of FIR? any citations please.
V R SHROFF
(Expert) 29 September 2013
R U GOVT SERVANT ?? OR Advocate
u can apply for Discharge
Sudhir Kumar, Advocate
(Expert) 29 September 2013
mere failure of voice recording does not lead to failure of trap.
Sudhir Kumar, Advocate
(Expert) 29 September 2013
Mere fact that the work of the complainant (not described clearly by you) apparently the transaction which lead to bribe, is no ground for failure of trap. Even reward money is termed as bribe.
Sudhir Kumar, Advocate
(Expert) 29 September 2013
You have not indicated relevant facts:-
(i) if the demand is confirmed in presence of witness?
(ii) if acceptance of money is there?
R.K Nanda
(Expert) 29 September 2013
YES, U CAN GO FOR QUASH OF FIR.
Rajendra K Goyal
(Expert) 30 September 2013
The question raised by the expert Sudhir Kumar ji are relevant for fruitful advise.
venkatesh Rao
(Querist) 01 October 2013
1. shroff ji, I am a retired government. I think there is no objections to call a person as client who approches me for advice.
2. Sudhir ji, thanks for the concern.
Brief facts- Revenue official was approched for some certificate. The application lacked some important documents. It was rejected; like wise, thrice. Fourth time, the application was in order; and required certificate was given. But, for the reasons known to complainant, he filed a complaint to Lokayuktha police, as directed by the police, the complainant talked to revenue official over phone, and after long conversation, elicited indirectly in vague terms, that amount to be given. The trap was laid. As there was no demand,and th work ws already over, the trap failed on three successive times. Yet, FIR was filed, the reveue official stands suspended.
3. Thanks Nanda Ji.
