ABDUL HAQ Vs. STATE OF RAJASTHAN THROUGH PP

JUDGEMENT

(1.) BY this criminal revision petition, challenge is made to the order dated 16.5.2011 framing charges. Learned counsel for petitioner submits that without giving an opportunity, charges have been framed for offence under sections 7, 13(1)(d), 13(2) of the Prevention of Corruption Act, 1988 and section 120B IPC. It is even ignoring the fact that petitioner in no way in picture for demand of bribe. If, at all, somebody is involved then it may be Shahjad and not the petitioner. At the instance of petitioner, Shahjad cannot accept bribe and, otherwise, prosecution could not produce any evidence to implicate petitioner for the crime. Telephone record has not been produced which was the only evidence to connect petitioner with crime, accordingly, petitioner may be discharged of the charges framed against him.

(2.) LEARNED PP, on the other hand, supported the order framing charges against the petitioner. It is stated that allegation of bribe was made by the complainant and it was demanded by the petitioner through Shahjad thus looking to the material aforesaid, charged have been framed. Accordingly, interference may not be made.