VIJAY BISHNOI,J. - (1.) This criminal revision petition under section 397 read with Section 401 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 04.02.2017 passed by Special Judge (Prevention of Corruption Act Cases), Pali (for short 'the trial court' hereinafter) in Case No.46/2015, whereby it has ordered for framing of charges against the petitioner for the offences punishable under Sections 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 (for short 'the Act of 1988' hereinafter).
(2.) Brief facts of the case are that complainant Mangal Singh filed a complaint dated 09.12.2009 to the Deputy Superintendent, Anti Corruption Department, Sirohi alleging that in order to get electricity connection on his well for agricultural purpose, he applied in the Electricity Department 2-3 years ago. It is contended that a demand for the said electricity connection was raised by the Electricity Department in June, 2009 and the complainant had deposited an amount of Rs.21,510/- for that purpose. It is alleged that despite completing all formalities, when the electricity connection was not released, he met with A.En. Jagdish Kataria for the same but he demanded bribe of Rs.10,000/- for providing him electricity connection. The complainant has stated that he does not want to give bribe to Jagdish Kataria and, therefore, he is filing this complaint. On receiving the said complaint, the Anti Corruption Department had verified the same and after due verification has proceeded further.
(3.) As per the prosecution, the demand of bribe is verified and the A.En. Jagdish Kataria has settled the matter for Rs.9,000/- and he has asked the complainant to handover the said bribe of Rs.9,000/- to the concerned clerk Bhanwar Singh. A trap was laid by the Anti Corruption Department and two independent witnesses were summoned. 18 currency notes of Rs.500 denomination each were smeared with phenolphthalein powder and given to the complainant Mangal Singh with instruction to handover the same to the accused. The complainant thereafter reached the office of the A.En. Jagdish Kataria, who came out from the office and sit in his jeep and proceeded to somewhere but after going to some distance, he stopped the jeep and asked the complainant to sit in the jeep. The complaint then sit in the jeep driven by A.En. Jagdish Kataria and on his asking handed over Rs.9000/- to the petitioner Jitendra Kumar, who was also travelling in the said jeep. It is contended that after handing over the bribe money to Jitendra Kumar, the complainant had signaled the officials of the Anti Corruption Department, who thereafter followed the jeep in which A.En. Jagdish Kataria and the petitioner were travelling and stopped it and asked about the bribe money. At the instance of the petitioner, the bribe money was recovered from the underneath of the matting of the seat of the jeep. During the course of investigation, the petitioner Jitendra Kumar had offered an explanation that he had received Rs.9000/- from the complainant on the instructions of A.EN. Jagdish Kataria.;