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1984 Supreme(Raj) 255

N.M.KASLIWAL
P. T. Sharma – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - This revision is directed against the order of the learned Special Judge for CB/SPE cases, Rajasthan, Jaipur dated August 12, 1982, whereby charges under Section 120B read with 204/217 and 204, 217 Indian Penal Code and Section 5(1)(d) read with 5(2) of the Prevention of Corruption Act, 1947 have been framed against the petitioner. It is contended by learned Counsel for the petitioner that from the evidence recorded by the prosecution no charge at all is proved against the petitioner for offence under Section 5(1)(d) read with 5(2) of the Prevention of Corruption Act, 1947. It is submitted that the charge in this regard is groundless. It is further submitted that even according to the prosecution case, no act of signing recovery memo or taking any other pecuniary advantage by the petitioner has been alleged. It is therefore, submitted that so far the charge under Section 5(D)(d) read with Section 5(21 of the Prevention of Corruption Act 1947 is Concerned, the petitioner should be discharged. It is further submitted that is far as the other offences are concerned, they are not triable by the Special Judge and are triable by any other Magistrate.

2. On the other hand, it




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