RAMBAHADUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition has been filed against the order dtd. 19/9/2019 passed by the Special Judge, Prevention of Corruption Act No.1, Jaipur in Criminal Case No.5/2018. Learned trial Court vide order dtd. 19/9/2019 has ordered to frame charge against the petitioner for the offence punishable under Sec. 7 of the Prevention of Corruption Act, 1988 (for short, 'the Act of 1988').

(2.) Learned counsel for the petitioner has submitted that no case under Sec. 7 of the Act of 1988 is prima facie made out against the petitioner. That he has wrongly been charged with the offence. That, so called demand of bribe was said to be made by Constable Rambahadur and Pratap but Pratap has not been made accused. That in this case, in fact, an FIR No.117/2016 was registered against one Himanshu Jain who is the complainant of this case. The petitioner was Investigating Officer of that FIR. Therefore, the complainant falsely lodged an FIR against the petitioner in this case. There is no legal evidence against the petitioner in this case to convict him. The memo of voice recorder transcription, has been drawn on 5/5/2016 in the presence of witnesses Pramod Kumar Sharma and Shashi Kumar Gathera but their presence is doubtful on the said date. So, he argued that the order of the learned trial Court dtd. 19/9/2019 be quashed and the petitioner be discharged in this case.

(3.) On the other hand, learned Public Prosecutor has opposed the criminal revision petition.