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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
GANESH RAM MEENA
Pramod Sharma S/o Shri Chatur Bhuj Sharma – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This criminal miscellaneous petition has been filed by the petitioner under Section 528 of the BNSS with a prayer to quash and set aside the criminal proceedings in Criminal Case bearing CIS No. 12/2020 titled as State of Rajasthan Vs. Pramod Kumar Sharma pending before the learned Special Judge (Prevention of Corruption Cases) No.4, Jaipur arising out of an FIR No. 99/2020 registered at Police Station Pradhan Aarakshi Kendra A.C.B. Jaipur, District Jaipur for offences punishable under Section 7A of the Prevention of Corruption (Amendment) Act, 2018 (for short “the P.C. Act of 2018”) alongwith charge sheet No.127/2020 and so also the order of cognizance dated 04.09.202 (Annex.-3).
2. Counsel appearing for the accused-petitioner submits that the accused-petitioner is not a public servant and is a businessman and he has nothing to do with the allegations made against him.
3. Learned counsel for the petitioner also submits that the allegation against the petitioner is that he has induced one Chandraprakash, the then S.H.O. Police Station Udyog Nagar Police Station, Bharatpur for getting work done of the complainant by the then D.I.G. Police- Lakshman Gaur. Counsel for the peti
A private individual cannot be prosecuted under Section 7A of the Prevention of Corruption Act without the involvement of a public servant as a co-accused.
The court affirmed that individuals executing public duties for public entities can be classified as public servants under the Prevention of Corruption Act, broadening the scope of accountability and....
The Prevention of Corruption Act encompasses both public servants and private individuals in corruption-related offences, allowing for prosecution of those who aid or abet corrupt practices.
The court established that a demand for a bribe must be directly related to the performance of public duty for offences under the Prevention of Corruption Act to be applicable.
Charges under the Prevention of Corruption Act require a pending official duty and a clear demand for gratification, which were not present in this case.
Point of law :Prevention of corruption -Good laws alone would be not sufficient to make our country corruption free, hut there has to be effective enforcement of the same and efforts should be toward....
Proof of demand and acceptance of bribe is essential under the Prevention of Corruption Act; absence of such evidence warrants quashing of FIR.
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