State (ACB) v. Nagpur Police Police Head Constable and others
Per the Bombay High Court (Nagpur Bench) judgment of 07-10-2024, Ramesh Margamwar, then a Police Head Constable entrusted with executing a non-bailable warrant against complainant [name withheld] (Criminal Case No.70/1990, JMFC Pauni), met him on 02-01-1997 and demanded Rs.1,000 for not executing the warrant and not arresting him, accepting Rs.45 of it at Bhiwapur (the balance via a tea-stall owner, accused No.2 who died during proceedings) in an ACB trap on 03-01-1997. The Special Court convicted him on 17-03-2006 in Special Criminal Case No.3/1998, and the High Court (Urmila Joshi-Phalke, J.) applied the s.20 presumption on proved gratification, dismissing the appeal.
This page documents a trial-court conviction from the cited sources below. It is not a High Court or Supreme Court finding; the conviction may have been appealed. Findings are attributed to the convicting court; this record does not add findings of its own.
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By judgment dated 17 March 2006, the Special Court constituted under the Prevention of Corruption Act (place not stated in appellate text; Bhiwapur PS case, Nagpur district) convicted the Police Head Constable, Bhiwapur Police Station, Nagpur district (r/o Kanhan).
- Register number
- MH 31 CW 0016
- Case reference
- Criminal Appeal No. 164 of 2006; reported in the judgment of the Bombay High Court
- Court and date
- The Special Court constituted under the Prevention of Corruption Act (place not stated in appellate text; Bhiwapur PS case, Nagpur district), 17 March 2006
- Officer(s) at the material time
- Police Head Constable, Bhiwapur Police Station, Nagpur district (r/o Kanhan)
- Present service status
- Not ascertained from the cited sources.
- Provisions invoked
- Section 7 of the Prevention of Corruption Act, 1988; Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988
- Finding of the Court (extract)
- “In the light of the above, the appeal is devoid of merits and liable to be dismissed and the same is dismissed.”
- Verdict, sentence and quantum
- Conviction recorded by the trial court. Sentence: 1 year RI (ss.7 and 13(1)(d) r/w 13(2))
- Present status of the proceedings
- The conviction was affirmed in appeal.
Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.
Special Court constituted under the Prevention of Corruption Act (place not stated in appellate text; Bhiwapur PS case, Nagpur district) convicted the accused police personnel on 17 March 2006. The conviction was upheld on appeal. Appeal text.
Sentence & charges
Sentence: 1 year RI (ss.7 and 13(1)(d) r/w 13(2))
Sections: PC Act 1988 s.7; PC Act 1988 s.13(1)(d) r/w s.13(2)
Appeal status
Upheld on appeal. Appeal text