Acccused in case linked to DIG gets relief from court

Jaipur: Rajasthan High Court Wednesday quashed criminal proceedings against Pramod Kumar Sharma, the sole accused in a bribery case registered by anti-corruption bureau (ACB) in which DIG Bharatpur, Lakshman Gaur, was initially under the scanner but was later given a clean chit.
Sharma was booked under Section 7A of Prevention of Corruption (Amendment) Act, 2018, on allegations that he collected a bribe from a police station house officer on behalf of DIG Gaur. However, ACB later filed a closure report, stating that no role of DIG Gaur was found during investigation. Sharma then moved High Court to seek quashing of the case, arguing that proceedings against him could not be sustained in absence of any public servant named as an accused.
Sharma's counsel, Rajesh Maharshi, argued that Sharma is a businessman and not a public servant, and as no public servant was charge-sheeted and DIG Gaur was not named as an accused, prosecution under Section 7A cannot stand. He said the section specifically deals with undue advantage being given to influence a public servant and requires the involvement of such an official.
The case was based on a complaint filed on Jun 25, 2020, by Chandraprakash, who was then posted as SHO at Udyog Nagar police station in Bharatpur. He alleged that Sharma demanded Rs 10 lakh to get his promotion done through DIG Gaur. The ACB laid a trap and claimed that Rs 5 lakh was recovered from Sharma's car on June 24, 2020.