The main legal point established in the judgment is the interpretation of legal provisions defining a public servant and the applicability of the Prevention of Corruption Act, 1988 and the Indian Stamp Act to the actions of a licensed stamp-paper vendor.

Suresh Kait, J.

1. Vide the instant petition, the petitioner has sought to set aside/quash the FIR No.62/2003 registered with police station Anti-Corruption Branch under Section 7/13 of the Prevention of Corruption Act, 1988 (hereinafter referred as 'PoC Act') and Section 69 of the Stamp Act. Also sought quashing the criminal proceedings including the summoning order dated 25.01.2006 and order on charge and formal charge framed against the petitioner vide order dated 02.06.2008 in case titled ‘State v. Aman Bhatia’ by learned Special Judge, Delhi.

2. Learned counsel for petitioner has submitted that vide aforementioned FIR dated 09.12.2003 case for the offence punishable under Section 7/13 PoC Act was registered at police station A.C. Branch against the petitioner.

3. Vide order dated 02.06.2008 formal charges were framed against him under the offences mentioned above.

4. Being aggrieved, the petitioner filed a Criminal Revision Petition No.510/2008 before this Court against the order on charge dated 02.06.2008. Vide order dated 08.09.2008 this Court issued notice in the said petition and also stayed the proceedings before learned Trial Court.

5. On 30.03.2011, the said petition listed before this Court and the Court was of the opinion that revision was barred against an interlocutory order. Therefore, learned counsel for petitioner sought leave to withdraw the aforesaid petition while reserving the right of the petitioner to seek his remedy in accordance with law. Accordingly, said petition was dismissed as withdrawn with liberty to file fresh petition; hence, the instant petition.

6. The brief facts of the case are that the petitioner was granted a licence to vend non-judicial/Court Fees stamp papers subject to the conditions as contained in Delhi Province Stamp Rules, 1934 as framed under the Indian Stamps Act. The allegations against the petitioner are that on 09.12.2003 one Shiv Charan gave a written complaint to the Anti - Corruption Branch of Delhi Police enumerating therein that on 09.12.2003 he went to purchase stamp paper of Rs.10/- but the petitioner demanded Rs.12/- for the said stamp paper. Accordingly, on the basis of said complaint, a raiding team was organised. The petitioner was arrested on the allegations of demanding and accepting Rs.12/- in the form of Indian currency notes of denomination of Rs.10/- and Rs.2/- which were treated with phenolphthalein, for the purchase of the stamp paper of Rs.10/-. Accordingly, the police registered the FIR under Section 7/13 of PoC Act and Section 69 of the Indian Stamp Act against the petitioner.

7. On completion of the investigation, prosecution filed the charge sheet under Section 173 of the Cr.P.C. against petitioner for the offences mentioned above. Vide order dated 25.01.2006, learned Trial Court took the cognizance and issued summoning order against the petitioner.

8. Vide order dated 02.06.2008 after hearing both the parties, passed the order on charge under Section 7/13 of the PoC Act and also framed charges for the said offences punishable under Section 7/13 of the PoC Act against the petitioner.

9. The petitioner has filed the instant petition on the ground that the Trial Court framed charges contrary to law assuming jurisdiction under PoC Act, arbitrarily, illegal and are nullity because of the fact that the petitioner wrongly inferred that he is a public servant.

10. Learned counsel for petitioner argued that the impugned order passed on the presumption that the petitioner was authorised to sell stamp papers to public at large on payment of cash equivalent to the value of the stamp paper, and, therefore, was being paid ''commission” in the form of remuneration as defined under Section 2(c) (i) of the PoC Act. For convenience, said provision is reproduced as under:-

"2. Definitions - In this Act, unless the context otherwise requires - (c) Public Servant means- (i) Any person in the service or pay of Government or remunerated by the Government by fee or commissi