FARJAND ALI
Jitendra Singh S/o Mahendra Singh – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
1. The instant revision petition has been filed by the petitioner under Section 397 r/w Section 401 Cr.P.C. against the order dated 10.01.2023 passed by the learned Special Judge (Prevention of Corruption Act), Ajmer in Sessions Case No.19/2018 whereby an order framing charge has been passed against the petitioner under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act read with Section 120-B of the IPC.
2. Learned counsel for the petitioners submit that the impugned order is not sustainable in the eyes of law on the sole count that the learned Court below has not applied its mind to see whether the elements essential to constitute the alleged offences are present or not in the charge sheet filed by the prosecution. It was contended that even assuming all that the prosecution say are true, the materials are insufficient to support a charge under Section 13(1)(d) of the P.C. Act and Section 120B IPC. While proceeding the investigation in the matter, when the complainant went to the house of Mr. Rakesh Sharma to deliver the illegal gratification, he specifically called his servant and asked him to accompany the complainant to the Rajshree Grosery shop and deliver
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