Kanwaljit Singh Ahluwalia, J. - (1.) The present petition has been filed under Section 482 Cr.P.C. praying that the order dated 13.4.2017 passed by the Special Judge, Sessions Court, Prevention of Anti Corruption Act, No.1, Jaipur in Case No. 3/2016 be set aside.
(2.) Learned counsel for the petitioner has submitted that a grave error was committed by the court below not to consider the documents seized by the investigating agency during the course of investigation, wherein petitioner had projected his defence to explain possession of 2,27,000/-, which as per investigating agency is disproportionate asset of the petitioner. The learned counsel for the petitioner has submitted that the investigating agency recovered Rs.2,27,000/- from the petitioner. The petitioner during investigation raised a defence that one Ganga Prasad Gupta gave him Rs.2,27,000/- with the request that same be handed over to property dealer Hemant Chopra, who had struck a bargain on behalf of Ganga Prasad Gupta, for purchase of the property.
(3.) It is settled legal proposition that the defence raised during the investigation which has been discarded by the investigating officer cannot be considered at the time of framing of charges. The right course for the petitioner is to prove the fact asserted by leading defence evidence by examining witnesses and proving the documents relied.;