KISHORE BHAGTANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two revision petitions arise from the common order dated July 23, 2008 of the Special Judge (Printing and Stationary Embezzlement cases) and CBI Cases, jaipur framing charges against the petitioners Kishore Bhagtani and Dharmendra kumar Singhal under Section 120 B IPC read with sections 7 (13) (2) and 13 (l) (d) of the Prevention of Corruption Act, 1988, they are being disposed by this common order.

(2.) BRIEF facts of the case are that the petitioners Kishore Bhagtani and Dharmendra kumar Singhal and other co-accused are employees of BSNL. A committee comprising of Santosh Kumar Meena, Deputy General Manager (Administration), Kishore bhagtani Area Manager (Central), d. K. Singhal DGM (Finance) and O. P. Garg, jto (General Administration Wing) was constituted vide order dated March 4,2005 with the approval of the Principal General Manager Telecom District Jaipur. This Committee was to submit recommendations for private hospitals for their em-panelement in bsnl. The Committee was also supplied a list of private/ trust hospitals of Jaipur City and the task of the committee was to give recommendations for each of the hospitals from this list by visiting each of them and ascertaining their services/ facilities. About 60-65 hospitals were to be visited by the committee. The said Committee started its work on April 12, 2005 and till April 23,2005 about 45 hospitals were inspected. On April 22, 2005 Santosh Kumar Meena and O. P. Garg members of the committee went to Dr. Naresh Goyal Orthopaedic Hospital (whose incharge Dr. Naresh Goyal is complainant herein ). The complainant lodged FIR with cbi on April 23, 2005. It was alleged that o. P. Garg, one of the member of the Committee contacted him to pay bribe for the empanelement of his hospital/the complainant was asked to confirm the demand of bribe from Santosh Kumarv Meena in front of witness and the same was also recorded. It is alleged that a pre-trap memo was prepared at the office of SP, SPE, CBI Jaipur on April 23, 2005. On the evening of April 23, 2005 SP CBI caught O. P. Garg, one of the member of the Committee red-handed while accepting bribe from the complainant at the complainant's Hospital in Mansarover. Mr. Garg on interrogation told that he was acting on behalf of the Committee and the bribe money collected was to be given to santosh Meena. CBI then asked O. P. Garg to take the money to Santosh Meena, at his residence in C Scheme, and caught Santosh kumar Meena red handed, while accepting money from O. P. Garg. CBI then asked O. P. Garg to contact other two Committee members Kishore Bhagtani and Dharmendra kumar Singhal one by one over phone using the mobile of Santosh Kumar Meena. After investigation, the CBI Jaipur submitted charge sheet against the members of the committee Santosh Kumar Meena, O. P. Garg, Kishore Bhagtani and O. K. Singhal on may 25, 2006 under section 120 BIPC, sections 7 and 13 (2) read with section 13 (l) (d)of the Prevention of Corruption Act, 1988.

(3.) THE trial court heard the arguments of both the parties on July 15, 2008 and ordered to frame charge against the Committee members on July 23, 2008. The trial court discharged the petitioners Kishore bhagtani and D. K. Singhal from the substantial charges for the offence under section 7 and section 13 (2) read with section 13 (l) (d) of the Prevention of Corruption Act and frame charge against them with the aid of Section 120 B IPC read with section 7, section 13 (2) and section 13 (l) (d) of the Prevention of Corruption Act only. Against the said order these revision petitions have been filed.