HIMANSHU YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of present writ petition, the petitioner has challenged the order dtd. 17/11/2021, passed by the Chief Executive officer, Zila Parishad, Banswara granting prosecution sanction for proceeding against the petitioner pursuant to FIR No. 10/2020 that was lodged against the petitioner for the offence punishable under Sec. 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act of 1988').

(2.) Narrated briefly, the facts appertain are, that the petitioner was posted as Village Development officer (Gram Vikas Adhikari) in Gram Panchayat Khajuri, District Banswara. An FIR No. 10/2020 came to be registered against the petitioner under sec. 154 of the Criminal Procedure Code 1973 (for short "the Code of 1973") by the Anti-Corruption Bureau, Police Station, Banswara under sec. 7 of the Act of 1988 with the accusation that he had demanded a sum of Rs.7,000.00 from the complainant Gautam Singh for clearing his bill for Rs.32,000.00.

(3.) While, the trap which was laid for catching the petitioner red-handed had failed, the allegation of demanding gratification was supported by a telephone recording.