NARAYAN DAS ADWANI Vs. C.B.I.

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 Code of Criminal Procedure has been filed by accused -Petitioner - Narayan Das Adwani challenging the order dated 26/2/2009 passed by the learned Special Judge Printing & Stationery Embezzlement Cases and Additional Additional Special Judge C.B.I. Cases, Jaipur in Special Criminal Case No. 55/08 (1/06) by which, the said Court framed charge against the accused - Petitioner for offence Under Sec. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (hereinafter be referred as the "Act of 1988").

(2.) Factual matrix of the case is that Petitioner was at the relevant time serving as Assistant Post Master in the Head Post Office at Jaipur. One Virendra Gaur, who was also working as Postal Assistant in the same post office, made a complaint to the Superintendent of Police, Central Bureau of Investigation (for short, "C.B.I."), Jaipur stating that he was facing trial in F.I.R. No. 69/2005 which was pending before the Court of learned Additional Chief Judicial Magistrate No. 2, Jaipur City, Jaipur. Accused -Petitioner herein i.e. Narayan Das Adwani was a prosecution witness in that case. It was alleged that accused -Petitioner demanded a sum of Rs. 18,000/ - from complainant Virendra Gaur to give statement in his favor in the said trial which was agreed to be paid in two installments. After persuasion however, accused -Petitioner agreed to take first installment of Rs. 5000/ - at the time of hearing of the case in the court, balance amount of Rs. 4000/ - was agreed to be paid within 10 -15 days thereafter and rest Rs. 9000/ - was agreed to be paid after statement was recorded in the court. On receipt of such complaint, C.B.I. lodged first information report against the Petitioner on 13/10/2005. A trap was organized in which, Petitioner was caught red handed while accepting illegal gratification of Rs. 5000/ - from Virendra Gaur. C.B.I. filed charge -sheet against the accused -Petitioner on 24/11/2005 for offence Under Sec. 7 and Sec. 13(1)(d) r/w. Sec. 13(2) of the Act of 1988. After hearing arguments of the parties, learned Special Court framed charge against the accused -Petitioner for all the aforesaid offences vide impugned -order dated 26/2/2009. Aggrieved thereby, Petitioner has challenged aforesaid order framing charge and preferred present revision petition.

(3.) I have heard Shri R.K. Jain, learned Counsel for accused -Petitioner, Shri T.P. Sharma, learned Counsel for C.B.I. and perused the material available on record.