R C SHARMA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Petitioner was facing trial before the learned Special Judge, CBI for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short hereinafter referred to as "P.C. Act") arising out of RC No. 61(A)/03-DLI dated 28th October, 1993. The said case was registered by the CBI on the basis of complaint of one Shri Ashok Arora to the effect that the petitioner had demanded a sum of Rs.1,000/- from him towards illegal gratification for not demolishing his property. Trap was laid and petitioner was apprehended.

(2.) During the pendency of trial of aforesaid case Sh. Ashok Arora on 3rd March, 1994 made a complaint with the CBI that the petitioner along with his co-accused in this case had approached him and offered a sum of Rs.7,000/- as bribe in case he did not support the prosecution case and gave in writing that the petitioner had not demanded any bribe from him. On the basis of this complaint present RC No. 15(A)/94/ACB/DLI under Section 12 of the P.C. Act was registered by the CBI. After investigation, charge-sheet in the trial court has been filed against the petitioner and his co-accused, for the offences punishable under Section 120-B IPC read with Sections 193/201/214 IPC read with Section 511 IPC. Petitioner and his co- accused were summoned by the learned Metropolitan Magistrate for having committed the aforesaid offences.

(3.) On 17th May, 2001 learned Metropolitan Magistrate framed charges under Section 120B IPC read with Sections 193/201/214 IPC read with Section 511 IPC against the petitioner and his co-accused. Subsequently, on 29th October, 2001 CBI filed an application before the learned Metropolitan Magistrate praying therein that the charges framed be altered to Section 214 IPC read with Section 34 IPC. It may be noted that petitioner had also filed an application seeking his discharge. Both the applications have been disposed of by the impugned order dated 8th October, 2003. Application of the CBI for alteration of charges to Section 214 IPC read with Section 34 IPC has been allowed and pursuant thereof charge under Section 214 IPC had been framed on 12th November, 2003. That is how petitioner is before this Court by this Revision Petition under Section 397 Cr.P.C.