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TMI Blog2018 (9) TMI 2124X X X X Extracts X X X X X X X X Extracts X X X X ..... on aggrieved by order dated 22.06.2018 passed by Special Judge, Prevention of Corruption Act, Bharatpur, whereby the Court has taken cognizance under Section 7 of the Prevention of Corruption Act, 1988 and has charged the petitioner for the said offence. 2. It is contended by counsel for the petitioner that petitioner is a Patwari. Complainant applied for bona fide residence certificate. The form ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against the petitioner with regard to demand of dowry or with regard to pendency of work before him, hence offence under Section 7 of the Prevention of Corruption Act is not made out. 5. Counsel for the petitioner has placed reliance on "N.S. Kothari Vs. State of Rajasthan", 2004 (2) Cr.L.R. (Raj.) 948. Reliance has also been placed on "Dilawar Balu Kurane Vs. State of Maharashtra" AIR 2002 SC 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... existence of all the ingredients constituting the alleged offence or offences. 7. It is contended by the learned Public Prosecutor that from the transcript, it is evident that bribe was demanded from the complainant. 8. I have considered the contentions. 9. Section 7 of the Prevention of Corruption Act, 1988, reads as under:- "Whoever, being, or expecting to be a public servant, accepts or o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d shall also be liable to fine." 10. In the present case in hand, complainant himself when he moved to the Anti Corruption Department mentioned that petitioner had returned the form without making report. From the transcript which is available on record, it is evident that some prior transactions pertaining to bank file was pending between the parties and matter pertained to Rs. 4,850/- out of wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act would not be made out against the petitioner. 12. In view of the above, there being no ground for presuming that the accused has committed any offence, the order vide which charge has been framed against the petitioner deserves to be quashed. 13. The Revision Petition is allowed. The order dated 22.06.2018 is quashed. Petitioner is discharged of the alleged offence. Stay application stands d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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