- (1.) This petition has been filed on behalf of accused petitioner against whom a F.I.R was filed under the provisions of the Prevention of Corruption Act at Anti Corruption Bureau, Jaipur. By way of this petition under Section 482 Cr.P.C., the petitioner has challenged the registration of the FIR against him. The petition was filed on 7.5.2010, at which point of time, the F.I.R as against the petitioner was still pending investigation but it is the admitted case now on the record that the charge- sheet has been filed subsequent to the investigation on 14.5.2010 in the Court of learned Special Judge, Anti Corruption Cases, Jaipur.
(2.) The petitioner has challenged the F.I.R filed against him on the following grounds : (a) The F.I.R does not disclose any offence. (b) The petitioner cannot be fixed with the liability under the Prevention of Corruption Act because neither the petitioner made any demand of bride from the complainant nor did he accept any bribe. (c) The petitioner was not in a position to pass the bills and release the payments of the complainant. (d) The criminal proceedings are attributed with mala fide. (e) It has also been submitted that registration of the F.I.R is illegal because the F.I.R has been registered by the S.P. 1, Anti Corruption Bureau, whereas the power to register the F.I.R was with the DG, Anti Corruption Bureau.
(3.) The matter was posted before this Court on 19.7.2011 and a question was put to the counsel for the petitioner about the maintainability of the petition because of the charge-sheet being filed subsequent to the filing of the petition.;