DHUKAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal revision petition has been filed under Section 397/ 401 Cr.P.C against the order dated 08.01.2019 and 13.02.2019 passed by the learned Special Judge (Anti Corruption Cases), Sriganganagar in Criminal Case NO. 4/2018 directing framing of charges under Section 7, 13(1)(d), 13(2) of Prevention of Corruption Act, 1988 and Section 120B IPC.

(2.) Learned counsel for the petitioner submits that on perusal of FIR as well as the challan papers, there is no evidence whatsoever to frame charges against the petitioner for aforesaid offences. It is argued that the FIR has been lodged on the basis of bald and omnibus allegation. It is argued that no work of complainant was pending before the petitioner and therefore, no question of seeking bribe is made out in the case. It is submitted that the petitioner has been mioplicated only on the basis of recovery of bribe which is not sustainable in the eye of law. Therefore, no offence whatsoever is made out against the petitioner and the impugned order framing charges against the petitioner is liable to be set aside.

(3.) Per contra, learned Public Prosecutor supported the order passed by the learned Trial Court and argued that the police after thorough investigation submitted challan against the petitioner and the trial court after going through the entire record, has framed charges against the petitioner. It is argued that the petitioner has been caught red-handed and the bribe money was recovered from the petitioner. Therefore, the order of framing charge passed by the learned Court below does not suffer from any infirmity and all other questions raised in regard to the present case are to be considered by the learned Trial Court at the appropriate stage. I have thoughtfully considered the arguments advanced on behalf of the parties and perused the material available on record.