The appellant assailed this order before the High Court in an application filed under Section 482 of the Code of Criminal Procedure and the High Court by the impugned judgment has rejected his prayer.
1686 of 2009.
5,000/ was recovered from him.
During the trial evidence of one of the witnesses was recorded and thereafter, the appellant filed an application before the trial companyrt for dropping the proceeding, inter alia, companytending that he being a Councillor does number companye within the definition of public servant and as such, he cannot be put on trial for the offence under Sections 7, 13 1 d read with Section 13 2 of the Prevention of Corruption Act, 1988.
It is against this order that the appellant is before us with the leave of the companyrt.
On enquiry the informant was told that it is the appellant who can get the allotment made in his favour and accordingly he companytacted the appellant.
5,000/ to the appellant and the rest amount thereafter.
After usual investigation, charge sheet was submitted against the appellant and he was put on trial.
50,000/ for getting the allotment done in his name and ultimately it was agreed that initially the informant would pay Rs.
It is alleged that the appellant demanded a sum of Rs.
Delay companydoned.
CHANDRAMAULI KR.
Leave granted.
Shorn of unnecessary details, facts giving rise to the present appeal are that the appellant at the relevant time was a Councillor elected to the Municipal Council, Banswara and a Member of the Municipal Board.
It is against this order that the petitioner has preferred this special leave petition.
On the basis of the aforesaid information, according to the prosecution, a trap was laid and the appellant was caught red handed and a sum of Rs.
PRASAD, J. The petitioners challenge to his prosecution for an offence under Sections 7, 13 1 d read with Section 13 2 of the Prevention of Corruption Act has been turned down by the trial companyrt and the said order has been affirmed by the High Court by its order dated 1st of March, 2013 passed in Criminal Miscellaneous Petition No.
