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2021 Supreme(Jhk) 1064

ANIL KUMAR CHOUDHARY
Mithilesh Prasad Singh, Son of Late Kedar Prasad Singh – Appellant
Versus
State of Jharkhand through A. C. B. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rishu Ranjan, Advocate
For the Respondent: Mr. Suraj Verma, Special PP

JUDGMENT :

Heard the parties through Video Conferencing.

2. This Criminal Miscellaneous Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 with the prayer

    (i) to quash the final form no. 07 of 2020 dt. 14.05.2020,

(ii) to quash the cognizance order dt. 23.05.2020,

(iii) to quash all the consequent proceedings in connection with A.C.B. Ranchi P.S. case no. 04 of 2020 registered under Section 7(a) of the Prevention of Corruption Act wherein the charge sheet has been submitted under Section 7(a) of the Prevention of Corruption Act.

Though in the prayer portion of the petition it has been mentioned that the concerned offence is of 7 (a) of the Prevention of Corruption Act but perusal of the record reveals that the concerned offence involved in this case is punishable under Section 7-A of the Prevention of Corruption Act, 1988 as amended by the Prevention of Corruption (Amendment) Act, 1988, No. 16 of 2018 of which reads as under :

    “7-A. Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence. -Whoever accepts or obtains or attempts to obtain from another person for himself or for any other person any u

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