PUNIT MISHRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant miscellaneous petition under Sec. 482 Cr. P.C. has been preferred to challenge the impugned order dtd. 16/7/2022 passed by Special Judge, Prevention of Corruption Act Cases, Bikaner (hereinafter referred to as 'learned trial court'), rejecting the application filed by the accused-petitioners under Sec. 91 of Cr. P.C. for summoning the documents.

(2.) Briefly stated facts of the case are that the petitioners are facing trial for the offences under Ss. 7, 13(1)(2) and 13(2) of the Prevention of Corruption Act, 1988 before learned trial court. The trial court has framed the charges and the case is pending before trial court for recording the prosecution evidence. The allegation against the petitioners is that the petitioners were members of a team which visited Sardarshahar for inspection of Bhanwarlal Dungar Ayurveda Vishwa Bharti College. The inspecting team demanded Rs.4,00,000.00 as illegal gratification for giving a favourable report to the college. On receiving complaints, on 17/4/2017, competent police officials laid a trap and accused-petitioners were arrested with illegal gratification.

(3.) By way of filing an application before learned trial court under Sec. 91 Cr. P.C., the accused-petitioners prayed for summoning the documents relating to certain communication between Dr. Bhanwar Lal Dungar, Ayurvedic College, Sardarshahar and Central Council of Indian Medicine (in short, 'CCIM') along with report of the visitation team sent to CCIM online. The documents relating to certain photography and videography of the college on 17/4/2017 and 18/4/2017 were also demanded as according to accused- petitioners, they are relevant for the case being tried against them.