YOGESH CHANDRA TRIPATHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since both the petitions arise out of the same order, hence, both the petitions are being decided by this common order.

(2.) In the aforesaid revision petitions filed under Sec. 397/401 Cr.P.C., petitioners have assailed the order dtd. 14/11/2019, whereby the learned Special Judge, Sessions Court, Prevention of Corruption Act Cases, Udaipur in Sessions Case No. 19/2016, charges were framed against the petitioners for the offences under Sec. 13(1)(D) read with Sec. 13(2) of Prevention of Corruption Act, 1988 (herein afterwards referred to as 'the Act of 1988') and Sec. 120-B IPC.

(3.) Learned counsel for the petitioners has submitted two fold arguments. Firstly, the learned counsel for the petitioner has submitted that the petitioners are private persons. As per provisions of Sec. 13 of the Act of 1988, they cannot be charged under Sec. 13(1)(D) and 13(2) of the Act of 1988 read with Sec. 120-B IPC, only public servants can be prosecuted. Secondly, learned counsel for the petitioners has submitted that the petitioners namely Prithivi Raj Jat and Shobha Lal Jat presently are not partner in partnership firm, as they parted with partnership before the tender of contract. On the above grounds, learned counsel for the petitioners has prayed to allow the revision petitions and discharge the petitioners.