LALCHAND SONI Vs. STATE

JUDGEMENT

(1.) In impugnment, is the order dtd. 25/10/2021 passed by the learned Sessions Judge, Prevention of Corruption Act cases, Bikaner whereby the learned trial court while framing charges against the petitioner, he has been directed to face trial for commission of offences under Ss. 7 and 13(1) D of the Prevention of Corruption Act, 1988 (for short, hereinafter to be referred to as the "Act") and Sec. 120 B of the Indian Penal Code (for short hereinafter to be referred to as the "IPC") in sessions case bearing no. 7/2016 titles as State of Rajasthan versus Lalchand Soni and others. The said case arises out F.I.R. No. 252/2015 registered at Police Choki A.C.B. (special unit), Police Station C.P.S., A.C.B., Jaipur.

(2.) The genesis of the present discord is traceable to the first information report being FIR No. 252/2015 dtd. 14/9/2015 lodged by Vinod Kumar Kumawat alleging inter alia that he is an electrical contractor working in the name and style of Dev Infrastructure, Jaipur. On 3/9/2014, he was awarded a work order by the U.I.T. Bikaner for installation of high mast lights at various locations in Bikaner city. He had completed the work by the month of June 2015. On completion, the work done by him was recorded in the measurement book (M.B.) and after calculating the rates, the first and final bill was prepared which was checked by the engineers of the U.I.T. and was sent to the accounts branch. When complainant met to petitioner who was working as accountant in the U.I.T., regarding the payment of the bill, petitioner demanded a commission of 4% of the total bill amount as bribe, otherwise threatened to delay the payment on objections to be raised by him.

(3.) After receiving the said complaint, the telephonic conversations between the complainant and the petitioner were recorded and on 18/9/2015, Mohammed Ashiq was caught redhanded while accepting a bribe of ? 60,000 for the petitioner.