Sanjaysingh Ramrao Chavan Vs. Dattatray Gulabrao Phalke and others.
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Head Note
The Code of Criminal Procedure, 1973 - Section 397 , Section 398 , Section 399 , Section 400 , Section 401 , Prevention of Corruption Act,1988 - Section 7 , Section 12 , Section 13 (1)
Closure Report - Challenge as to - Revisional Jurisdiction - In the first complaint filed by the second respondent - the de facto complainant, there is no allegation for any demand for bribe by the appellant - The allegation of demand is specifically against accused no.2 only - That allegation against the appellant is raised only subsequently - The Magistrate, having seen the records and having heard the parties, has come to the conclusion that no offence is made out against the appellant under the provisions of the PC Act so as to prosecute him - Even according to the High Court, "the crux of the matter is the conversation between the complainant and the accused no.1 of 22.11.2010? - That conversation is inaudible and the same is not to be taken in evidence - Therefore, once the 'crux' goes, the superstructure also falls, lacking in legs - Hence, prosecution becomes a futile exercise as the materials available do not show that an offence is made out as against the appellant - High Court exceeded in its jurisdiction in substituting its views and that too without any legal basis - The impugned order liable to be set aside.
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