GANPAT SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant revision petition, the petitioner calls in question the order dtd. 6/11/2025 passed by the learned Special Judge, Prevention of Corruption Act, No. 1, Udaipur, in Special Sessions Case No. 46/2025 (State v. Ganpatlal Sharma & Anr.), arising out of FIR No. 157/2024, CPS ACB Jaipur, whereby charges have been framed against the petitioner under Sec. 07 of the Prevention of Corruption Act, 1988 (as amended in 2018) and Sec. 61(2) of the Bharatiya Nyaya Sanhita, despite gross violation of the mandatory provisions of Ss. 230, 249, 250(1) and 250(2) of the BNSS, resulting in serious miscarriage of justice and infringement of the petitioner's fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India, rendering the impugned order illegal, arbitrary and unsustainable in law.

(2.) The brief facts of the present are that the petitioner is Accused No. 1 (hereinafter referred to as "A-1") in the Sessions Case titled State v. Ganpat Lal Sharma & Anr., arising out of FIR No. 157/2024 registered at Central Police Station (CPS), Anti Corruption Bureau (ACB). Upon completion of investigation, Charge-sheet No. 221/2025 was filed against the petitioner for the offence punishable under Sec. 7 of the Prevention of Corruption Act, 1988 (as amended up to 2018) and Sec. 61(2) of the Bharatiya Nyaya Sanhita. The present Criminal Revision Petition is directed against the order dtd. 6/11/2025, whereby charges have been framed against the petitioner in blatant violation of Ss. 230, 249, 250(1), 250(2) and 252(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Articles 14 and 21 of the Constitution of India. The charge-sheet was submitted on 21/8/2025 before the learned Special Judge, Prevention of Corruption Act, No. 1, Udaipur, by Respondent No. 2, the Additional Superintendent of Police, ACB, Special Unit, Udaipur.

(3.) Thereafter, the matter was placed before the learned Special Judge on 17/9/2025, and on the same day, cognizance of the alleged offence was taken, as reflected in the order sheet dtd. 17/9/2025.