STATE OF RAJASTHAN Vs. ASHOK KUMAR KASHYAP

JUDGEMENT

(1.) In the facts and circumstances of the case and having heard the learned counsel for the respective parties, the delay caused in filing the special leave petition is hereby condoned.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 12.09.2018 passed by the High Court of Rajasthan, Bench at Jaipur in S.B. Criminal Revision No. 1270 of 2018, by which the High Court, in exercise of its revisional jurisdiction, has quashed the order passed by the learned Special Judge, Prevention of Corruption Act, Bharatpur dated 22.06.2018 framing the charge against the respondent-accused for the offence under Section 7 of the Prevention of Corruption Act (for short, 'PC Act') and consequently has discharged the accused of the alleged offence under Section 7 of the PC Act, the State has preferred the present appeal.

(3.) That the respondent herein - original accused was serving as a Patwari. That the original complainant Jai Kishore and one another on 31.08.2010 submitted a written report before the Additional Superintendent of Police, Anti-Corruption Bureau, Bharatpur stating that for the purpose of issuing Domicile Certificate and OBC Certificate of his son, he has submitted an application enclosed with complete certificates before the accused - Patwari Ashok Kumar Kashyap for endorsing his report. However, the Patwari in lieu of endorsing his report over the said application demanded a bribe of Rs.2,800/-. Thereafter after conducting the investigation a chargesheet came to be filed by the investigating agency against the accused for the offence under Section 7 of the PC Act. That the learned Special Judge heard the prosecution as well as the defence at the time of framing of the charge. After hearing the prosecution as well as the counsel for the defence and considering the material on record which included the transcript of conversation recorded between the complainant and the accused and considering the other material on record and having found that there is a prima facie case made out and the defence of the accused is not to be considered at this stage, by order dated 22.06.2018 framed the charge against the accused for the offence under Section 7 of the PC Act.