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Manish Trived Vs. State of Rajasthan [29/10/13]

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[Criminal Appeal No.1881 of 2013 @Special Leave Petition (CRL) No. 7511 of 2013]. The petitioner's 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 court and the said order has been affirmed by the High Court by its order dated 1st of March, 2013passed in Criminal Miscellaneous Petition No. 1686 of 2009. It is against this order that the petitioner has preferred this special leave petition. Delay condoned. Leave granted. Shorn of unnecessary details, facts giving rise to the present appeal are that the appellant at the relevant time was a Councilor elected to the Municipal Council, Banswara and a Member of the Municipal Board. According to the prosecution, one Prabhu Lal Mochi lodged a report in the Anti-Corruption Bureau, inter alia, alleging that he had a shoe repair shop near the gate of Forest Department, Banswara and the employees of the Municipal Council had seized his cabin in the year 2000 rendering him unemployed. According to the allegation, he applied for the allotment of a kiosk before the Municipal Council but did not succeed. On enquiry the informant was told that it is the appellant who can get the allotment made in his favour and accordingly he contacted the appellant.

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