MANOJ KUMAR GARG,J. - (1.) Instant criminal revision petition has been filed under Section 397/ 401 Cr.P.C against the order dated 01.11.2018 passed by the learned Special Judge (Anti Corruption Cases), Jodhpur in Criminal Case NO. 35/2014 directing framing of charges under Section 13(1)(d), 13(2) of Prevention of Corruption Act, 1988 and Section 120B IPC.
(2.) Learned counsel for the petitioner submits that on perusal of FIR as well as the challan papers, there is no evidence whatsoever to frame charges against the petitioner for aforesaid offences. It is argued that the petitioner was earlier allotted one plot from Municipal Board, Jaisalmer but subsequently, the same was cancelled and another plot was allotted in exchange after following due process of law then again the said plot was changed after following due process of law. Therefore, no offence whatsoever is made out against the petitioner and the impugned order framing charges against the petitioner is liable to be set aside.
(3.) Per contra, learned Public Prosecutor supported the order passed by the learned Trial Court and argued that the police after thorough investigation submitted challan against the petitioner and the trial court after going through the entire record, has framed charges against the petitioner. It is submitted that the petitioner was employee in the Municipal Board and after getting the plot for the first time, he exchanged the plot and thereafter again he changed the plot without permission from the Board and no proper DLC amount was deposited by the petitioner and a lesser amount was deposited by him, therefore, offence of Prevention of Corruption Act is clearly made out against the petitioner. The Investigating officer present in person also submits that the police after thorough investigation has found that the offence of Prevention of Corruption Act is made out against the petitioner. Therefore, the order of framing charge passed by the learned Court below does not suffer from any infirmity and all other questions raised in regard to the present case are to be considered by the learned Trial Court at the appropriate stage.;