STATE OF PUNJAB Vs. PARTAP SINGH VERKA

JUDGEMENT

(1.) The State of Punjab is in appeal here against the judgment and order dtd. 2/8/2018, passed by the High Court of Punjab and Haryana setting aside the order dtd. 20/5/2017 of the Trial Court which had summoned respondent Pratap Singh Verka under Sec. 319 of Criminal Procedure Code (hereinafter referred to as 'CrPC') to face the trial for the offences under Sec. 7/13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'P.C Act').

(2.) Brief facts of the case are that on 25/4/2016, an FIR u/s 7/13 (2) of the P.C Act was lodged against Respondent- Dr. Partap Singh Verka and another co-accused i.e. 'Vikas', at Police Station Vigilance Bureau, Amritsar. It was disclosed in the FIR that the present respondent was working as a doctor in Guru Nanak Hospital at the relevant point of time when complainant-Gurwinder Singh sought treatment for his brother who was in jail. The complainant alleged that on 20/4/2016 the Respondent took a bribe of Rs.10,000.00 from the complainant through the accused-Vikas for admitting the complainant's brother in his hospital, as he was otherwise reluctant to treat a prisoner. Again on 24/4/2016, the respondent demanded another Rs.10,000.00 to keep the patient in the hospital for further treatment and asked the complainant to give that amount to the other accused i.e. 'Vikas' in two installments of Rs.5,000.00 each. The complainant, however, contacted the Vigilance Bureau instead and the officials of Vigilance laid a trap to catch the culprits. On 25/4/2016, the accused-Vikas (ward attendant) was caught red-handed in the parking lot of the hospital receiving Rs.5000.00from the complainant. On the same day, the respondent was also arrested from his office.

(3.) In May 2016, both the accused were released on bail. A chargesheet dtd. 22/12/2016 was later filed only against the other accused-Vikas. The present respondent was not named in the charge-sheet as an accused.