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2023 Supreme(Raj) 1582

BIRENDRA KUMAR
Bharat Lal Saini – Appellant
Versus
State of Rajasthan, Through Public Prosecutor – Respondent


Advocates appeared:
Mr. Kapil Gupta, Advocate, for the Appellant; Mr. Deshraj Gosingha, PP and Mr. Dharmendra Kumar Barala, Advocate, for the Respondent.

JUDGMENT

1. The petitioner has sought for quashment of FIR No. 288/2022 registered with Anti Corruption Bureau, Chowki, Tonk for offences under Sections 7 and 7A of the Prevention of Corruption Act (in short P.C. Act) read with Section 120-B IPC.

2. The prosecution case is that respondent No.2 Hanish Mohammad lodged a complaint with Anti Corruption Bureau alleging therein that Khasra No. 765 area 2.04 Hectare is recorded in the name of mother of respondent No.2 situated in village Ratwai Patwar, Tehsil Todaraisingh District Tonk. Respondent No.2 was cleaning the land for developing as a residential colony by carving out different small plots to sale it to the willing person. On 15.7.2022, Dinesh Sainai, P.A. of the petitioner went there and asked not to proceed with the work unless they got permission of the petitioner who was Chairman of the Municipal Corporation, Todaraisingh at the relevant time. Thereafter, the complainant met the petitioner and the petitioner asked for Rs. 5,00,000/- (Rs. Five lacs) to not to interfere with the work of the informant. Since respondent No.2 was not willing to bribe the public servant, he lodged a complaint with the Anti Corruption Bureau and the A

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