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2026 Supreme(UK) 76

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RAKESH THAPLIYAL
Dinesh Kumar Rana – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Revisionist :Mr. U.K. Uniyal, learned Sr. Advocate, assisted by Mr. S.S. Mehra and Mr. P.P. Upadhyay, learned counsel.
For the Respondents:Mr. G.S. Sandhu, learned Addl. Advocate General with Mr. Himanshu Sain, learned Brief Holder.

JUDGMENT :

Rakesh Thapliyal, J.

1. Both the revisions have been preferred by the revisionists Dinesh Kumar Rana and Basant Kumar Joshi challenging the order passed by the Special Judge, P.C. Act, Haldwani, in Special Sessions Trial No. 12 of 2025 ( State Vs. Dinesh Singh Rana and another ) whereby charges have been framed against both the revisionists to face the trial for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 arising out of first information report dated 09.05.2025 bearing FIR No. 4 of 2025, Police Station – Vigilance Sector, Nainital, Haldwani.

2. Mr. U. K. Uniyal, learned Sr. Advocate for the revisionists argued that impugned order of framing charges suffered from gross illegality impropriety, since the trial court has failed to consider that no case is made out against the revisionists under Section 7 of the P.C. Act. He argued that in order to bring the case within the ambit of of the P.C. Act, it is essential that prosecution ought to have proved that revisionist either “accepts” or “attempts” or “obtain undue advantage” from the complainant in performing his duty or “reward” offer is made by the complainant. He submits that for co

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