SUDHIR BORDIYA Vs. STATE

JUDGEMENT

(1.) Reserved on 18/04/2022 Pronounced on 20/04/2022 1. In the wake of instant surge in COVID ' 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

(2.) This criminal revision petition under Sec. 397 read with Sec. 401 Cr.P.C. has been preferred claiming the following reliefs:

(3.) Brief facts of the case as placed before this Court by the learned counsel for the revisionist-petitioner are that an F.I.R., bearing No.362/2016, was lodged on 27/12/2016, against the petitioner for the offences under Ss. 13 (1) (e) / 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'Act of 1988') after two months of the recovery of an amount of Rs.50,000.00 which was alleged to be a bribe money. And that, the said F.I.R. was lodged after a delay of about 2 months from the date of recovery of the said amount from the revisionist- petitioner. And, that he was in fact, traveling from Bikaner to Udaipur at the relevant time, to visit his family for the festival of Diwali, when the ACB team apprehended him, and took him into custody. And that, on 19/2/2019, the charge sheet was filed against the petitioner under the aforementioned provisions of the Act of 1988.