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Nimba Ram vs. State of Rajasthan & Anr.

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Prevention of Corruption (Amendment) Act, 2018–Sec. 7A–Constitution of offence–Nothing is available in the evidence to show that the petitioner was trying to obtain or accept an undue advantage for himself or for the representatives of BVG Company–Petitioner and the Mayor would have known each other by virtue of being active participants in working for public interest and being involved in politics–No concrete proof to support that the petitioner exerted personal influence over the husband of the Mayor or the Mayor herself or used any illegal means–If it is presumed that the petitioner was trying to obtain an undue advantage in order to get R to perform any public duty, then no offence u/s. 7A can be comprehended as R was not a public servant–It seems a bit illogical for the petitioner to go around to reach the Mayor by making contact through her husband rather than directly dealing with her–Ingredients of offence u/s. 7A are found missing.