M.C.JAIN
Sagar Mal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
M.C. Jain, J. - This is an application u/sec. 482 Cr. P.C for setting aside the order of the Sessions Judge, Merta dated 5-2-1981 confirming the order of the Munsif and Judicial Magistrate, Nawa dated 5-12-75 whereby the application filed u/sec. 197 Cr.P.C. was rejected. It may be stated here that against the order of the learned Magistrate a revision was earlier preferred before the Sessions Judge but the learned Sessions Judge rejected the revision petition on 21-2-1976 in limine holding that revision is not maintainable against the impugned interlocutory order.
2 The facts of the case may briefly be stated -The applicant Sagar Mal was an Executive Officer of Municipal Board, Nawa and according to him on 20th November, 1973 he was posted as Administrator of, Municipal Board, Nawa. At the instance of one Hira Lal, Dharam Chand Malick, Deputy Superintendent of Police, Anti Corruption made a trap on the application for having accepted illegal gratification. The allegations against the applicant are that the applicant was standing in the Verandah of the Municipal Board. The Deputy Superintendent of police asked him his name. He refused to disclose his name. On being asked th
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