- (1.) This petition is directed against the order dated 11.11999. passed by learned Special Judge, Sessions Court, Anti Corruption, Kota whereby he declined to accept the final report submitted by the police under Section 173 Cr. P.C.
(2.) The facts giving rise to the present petition are undisputed. First Information Report No.45/96 was lodged by the Superintendent of Police, Rajasthan State Investigation Bureau, Jaipur against the accused persons complaining of commission of an offence by them punishable under Section 13(1) (d)(2) of the Prevention of Corruption Act, 1988 read with Sections 420 and 120-B of IPC. After investigation the investigating Officer came to the conclusion that there is no proof of the accused viz. the first information report of having committed any crime. He, therefore, submitted final report in the Court of Special Judge, Anti Corruption Act, Kota. However, the learned Judge by his order of that date refused to accept the final report on the ground that it was being presented by a persons other than officer-in-charge of a police station. It is pertinent to note that a judgment delivered by this Court in SB Cr. Revision Petition No. 146/89 on 17.11.1989 in the matter of State of Rajasthan v. Jaswant Singh, 1990 CrLR 5, was cited before learned Judge as has been noticed by him in para No.5 of his order. However, the learned Judge inspite of that decision ignoring the judgment in the case of Jaswant Singh relied on an earlier judgment of Division Bench of this Court Mangal Singh v. State of Rajasthan, 1985 CrLJ 602 wherein it has been observed by this Court that in so far as Section 154 Cr. P.C. is concerned, officer-in- charge of an out-post cannot be considered as officer-in-charge of the Station House. He, therefore, rejected the final report.
(3.) It has been stated on affidavit before this Court that the learned Judge has so far refused to accept challan or final report as submitted by any officer of the Anti Corruption Bureau and has not made any orders either accepting or rejecting the papers so filed by the police. This, in my opinion, amounts to abdication of jurisdiction by the learned Judge which he ought not to do. I will however, advert to this aspect later on.;