PRAMOD SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition has been filed by the petitioner under Sec. 528 of the BNSS with a prayer to quash and set aside the criminal proceedings in Criminal Case bearing CIS No. 12/2020 titled as State of Rajasthan Vs. Pramod Kumar Sharma pending before the learned Special Judge (Prevention of Corruption Cases) No.4, Jaipur arising out of an FIR No. 99/2020 registered at Police Station Pradhan Aarakshi Kendra A.C.B. Jaipur, District Jaipur for offences punishable under Sec. 7A of the Prevention of Corruption (Amendment) Act, 2018 (for short "the P.C. Act of 2018") alongwith charge sheet No.127/2020 and so also the order of cognizance dtd. 4/9/202 (Annex.-3).

(2.) Counsel appearing for the accused-petitioner submits that the accused-petitioner is not a public servant and is a businessman and he has nothing to do with the allegations made against him.

(3.) Learned counsel for the petitioner also submits that the allegation against the petitioner is that he has induced one Chandraprakash, the then S.H.O. Police Station Udyog Nagar Police Station, Bharatpur for getting work done of the complainant by the then D.I.G. Police- Lakshman Gaur. Counsel for the petitioner submits that as regards the public servant, i.e., the then DIG Police, Bharatpur no involvement of him has been found in the matter and the police after completion of the investigation has filed closure report in respect of the D.I.G. Police- Lakshman Gaur before the competent Court on 9/1/2024. Counsel for the petitioner further submits that in the charge sheet submitted against the petitioner, the police has specifically stated that there is no evidence on record as regards the connection of the accused-petitioner with the then D.I.G. Police, Bharatpur or any kind of conversation in between them. Counsel also submits that in the aforesaid circumstances, the petitioner who is not a public servant, alone cannot be prosecuted for the offences punishable under Sec. 7A of the P.C. Act of 2018.