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1988 Supreme(Raj) 697

J.R.CHOPRA
Baldeo Goswami – Appellant
Versus
Baldeo Goswami – Respondent


Advocates:
For the State: Miss Sumitra Sankhla, PP.
For the Non- Petitioner No. 1:N.M. Lodha, Advocate.
For the Non- Petitioner No. 2: None present, despite service of notice.

JUDGMENT

1. This revision is directed against the judgment of learned Special Judge, Anti-Corruption Cases, Bikaner dated 8-7-1987 whereby he has discharged the accused-non-petitioner of the offences under Sections 120B, 420, 465, 467, 468 and 471, Indian Penal Code and Section 5(1)(d)(ii) of the Anti Corruption Act, 1947.

2. The facts necessary to be noticed for the disposal of this revision petition briefly stated are: that in year 1980, the accused-non-petitioner Baldeo Goswami was posted as Executive Engineer, PHED Sardarshahar. He invited tenders for purchasing 'single phase Preventors with Automatic control' vide tender notices dated 11-2-1980 and 29-2-1980. It is alleged that in pursuance of those tender notices, the accused-non-petitioner No. 2 Shri K.K. Nayyar, who is the proprietor of firm Gomati Electric Company, Jaipur submitted his tender. Two others tenders were also received on, from M/s Krishna Engineering Work, Jaipur and other from M/s Rallonix, Jaipur. It is alleged that all these three tenders were signed by accused non-petitioner No. 2 Shri K.K. Nayyar. He did so in complicity and in connivance with accused-non-petitioner No. 1 Shri Baldeo Goswami in order to ca











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