Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Order taking cognizance - Petitioner being a Patwari demanded bribe for issuance of bonafide residence certificate - However, no evidence on record to show that there is any specific demand for making a bonafide residence certificate - Rather, petitioner had mentioned in transcript that residence..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - PW2 clearly stated that demand and acceptance made by A-2 on behalf of A-1 - PW3 accompanying witness though turned hostile in cross-examination but in examination in chief he stated that A-2 demanded bribe on direction of A-1 - To that extent evidence of PW2..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused being Patwari demanded Rs.350 for expenses incurred on preparation of documents for partition - He was not demanding money as bribe - Statements of PWs disbelieved by Court - Receiving of Rs.350 and recovery thereof ipso facto is not sufficient proof of demand - Prosecution..........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Things essential for offence u/s 8 of the Act viz: (i) there must have been solicitation or receipt of gratification; (ii) such gratification must have been asked for or paid as a motive or reward for inducing a public servant to do an act or do a favour or render some service as stated u/s 8 of the..........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Vague evidence on record as to for whom accused demanded money and whether person for whom accused demanded and received money is a public servant - In absence of convincing evidence to show that accused had received money from PW4 to induce a public servant to get confirmation of ticket for airplane,..........
Criminal Procedure Code, 1973, Section 156(3) -- Registration of FIR - Powers of Magistrate - Guidelines for application of judicial mind by Magistrate while invoking powers u/s 156(3) Cr.P.C. : (a) Magistrate should be advised to verify truth and veracity of allegations, regard being had to nature of allegations of case (b) there has to be prior applications u/ss 154(1),..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 20 -- Illegal gratification - Presumption as to - A-1 demanded bribe of Rs.1000 and same was settled for Rs.500 for expediting the matter for conversion of plot for no, agricultural purpose - Recovery of tainted currency notes from A-2 who accepted the same on behest of A-1 and presence of anthracene powder in right..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 20 -- Illegal gratification - Reduction of sentence - Accused convicted and sentenced to 2 years of imprisonment - Occurrence was of the year 1991 that is about 27 years ago - Considering the passage of time, it is appropriate to reduce the sentence of imprisonment of 2 years to 1 year...........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 8, 12, Indian Penal Code, 1860, Section 120B -- Anticipatory bail - Illegal gratification - Petitioner per se is not a public servant and is not alleged to have received any illegal gratification - Rather, petitioner alleged to have been part of a conspiracy with conversations..........
Prevention of Corruption Act, 1988, Section 19, 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 409, 471 -- Sanction for prosecution - Cheating - Misappropriation of funds - Although investigation was conducted by CBI under the orders of High Court and charge sheet was also submitted, but competent authority did not grant..........
