Prosecution u/s 7(c) of Prevention of Corruption Act 2018 ammendment.
1 year ago
I was posted as Sub Registrar in 2016 in one Registry Office of West Bengal. In 2020 when I was transferred, four documents were found undervalued, and a certain loss of revenue is presumed. On the request of IG ( REGISTRATION ), ACB OF WEST BENGAL, made an preliminary enquiry and lodged an FIR against me on the aforesaid section of PC ACT on 20/02/2020.
Made a raid & search in my house on 24/02/2020 but found nothing at all and the seizure list was not even incorporated in the Chargesheet.
ACB arrested me in August 2020. After spending 23 days in P.C & JC , I got bail.
On 26/03/2021 , ACB submitted Chargesheet but due to pandemic situation, yet the charge has not been framed.
No trait or specific allegations related to any demand , any recovery & any acceptance in the Chargesheet.
It's neither a trap case, nor any independent witness or evidences like chemical or electronic specimen. Only some government employees and official documents are in the Chargesheet.
Hence , the case. Can I go for 239 or 482 of CRPC
Since the Chargesheet has already been submitted let the Magistrate either discharge you or frame charges for further trial. It is better to go for Sec 239 rather than Sec 482 as if you go for the 482 then the Hon'ble Court may say that since the fate of the charge is not known hence it cannot take a decision. Next date of your case should provide you the right light and guidance on how to tread this path.
you can go with 239 of CrPC as the Magistrate has to give the prosecution and the accused a chance of being heard besides taking cognizance of the police report and the documents sent therewith.
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