1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.2489 of 2008 (Mrityunjaya Kumar Jha v. Suprintndent of Police, CBI, ACB, Nagpur) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri Abhay Sambre, Advocate for Applicant. Shri S.B. Ahirkar, Advocate for Respondent. CORAM : R.C. Chavan, J. DATE : 30th September, 2008 Heard the learned counsel for the parties. This is an application under Section 482 of the Code of Criminal Procedure for quashing of FIR and other proceedings pending before the learned Special Judge, Nagpur, bearing Special Case No.1 of 2008. The applicant is an officer of the Western Coalfields Ltd. and was alleged to have accepted a bribe of Rs.12,500/- on 30-6-2007. According to the applicant, the amount was in fact forcibly thrusted into the pocket of his trouser. He also alleges that phenolphthalein powder was also mixed up in the solution of sodium carbonate at the time of raid to show that its colour had turned pink. All these things would have to be putforth by the applicant at the trial. Proceeding can be quashed only if it is prima facie shown that there is no substance in the case made out against the applicant. The allegation of the applicant that he was falsely implicated in 2 the case will be considered by the learned Special Judge when he decides whether the prosecution has proved its case or not. In view of this, the application is dismissed leaving all the contentions of the applicant to be raised at the trial. It is made clear that the applicant can also invoke the jurisdiction of the Special Judge for discharge when the case is ripe for framing of charge. JUDGE Lanjewar