LAL BHADUR RAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present misc. petition is preferred by the petitioneraccused assailing the impugned order dated 18th September, 2017 passed by learned Special Judge, A.C.B., Bharatpur in Criminal Case No. 12/2015 (State vs. Lal Bhadur Rai) whereby application of present petitioner submitted under Section 197 Cr.P.C. was dismissed relating to the offence punishable under Sections 7, 13 (1) (D) , 13 (2) of P.C. Act and Section 120-B of IPC.

(2.) The brief facts of the case are that on the complaint of Balveer Singh dated 27.12010 after being satisfied about the demand of Rs. 2,000/- out of which Rs. 1500/- was payable to Executive Engineer (petitioner- accused) and Rs. 500/- to be retained by co-accused Narendra Jain, clerk, trap proceedings were arraigned in pursuance of demand made on 27.12010, demand of bribe of Rs. 2,000/- was found true and Narendra Jain co-accused was trapped on 29.12010 and petitioner- accused and co-accused Narendra Jain were arrested. Thereafter FIR No. 02/2011 dated 04.01.2011 was registered at Police Station ACB, Jaipur. At the relevant time on 29.12010, petitioner-accused was posted as Executive Engineer and was retired on 31.12012 after attaining age of superannuation, therefore for the purpose of taking prosecution sanction under Section 19 of P.C. Act was not required and prosecution sanction under Section 13 of P.C. Act was accorded against co-accused Narendra Jain and after investigation charge-sheet was filed against the present petitioner- accused and co-accused Narendra Jain for offences punishable under Sections 7, 13 (1) (D) , 13 (2) of P.C. Act, 1988 and Section 120-B of IPC before the trial Court. Thereafter, cognizance was taken by the learned trial Court for the aforesaid offences. Thereafter, co-accused Narendra Jain expired on 04.01.2016.

(3.) Thereafter, after hearing on charge vide order dated 26.10.2016, charge was framed for aforesaid offences against the present petitioner- accused. After framing charge, petitioneraccused moved an application under Section 197 Cr.P.C. before learned trial Court which was dismissed by the learned trial Court vide impugned order dated 18th September, 2017 (Annexure-1) which is under challenge in this misc. petition.