DHARMESH JIVANLAL GURJAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India and under Sec. 482 of the Code of Criminal Procedure, 1973 is filed seeking quash of the FIR being I-C.R. No.22 of 2019 registered with Ahmedabad City, ACB Police Station for the offence punishable under Sec. 7 of the Prevention of Corruption Act, 1988.

(2.) The petitioner is an advocate by profession. He was appointed as a Commissioner by the Debt Recovery Tribunal (DRT), Ahmedabad for the purpose of conducting auction and for sale of the property of the principal debtor in the proceedings before the DRT for the purpose of realizing of the due amount.

(3.) An allegation was made against the petitioner that he has demanded bribe from the principal debtor to do an official favour to him of postponing the auction. On the report lodged by the principal debtor, the ACB Police has conducted raid and the petitioner was apprehended while he was accepting the bribe that was demanded. These are the allegations made against the petitioner as per the prosecution version.