SURESH SARASWAT Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2014-5-425
HIGH COURT OF RAJASTHAN
Decided on May 27,2014

Suresh Saraswat Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

VIJAY BISHNOI,J. - (1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the F.I.R. No. 164/2010 dated 18.6.2010 registered at Police Station, Anti Corruption Bureau, Jaipur for the offences punishable under Sections 13(l)(c), 13(l)(d) and 13(2), Prevention of Corruption Act, 1988 and under Sections 467, 468, 471, 420 and 120-B I.P.C.
(2.) It is noticed that earlier the petitioner had preferred S.B. Criminal Misc. Petition No. 531/2013 before this Court, wherein also prayer for quashing the F.I.R. No. 164/2010 was made, however, the said petition was disposed of on 5.3.2014 in the following manner: "The present misc. petition has been filed under Section 482 of Cr.P.C. for quashing of F.I.R. No. 164 dated 18.6.2010 registered at Police Station, Prevention of Corruption Act, Jaipur for the offences under Sections 13(l)(c), 13(l)(d), 13(2) of the Prevention of Corruption Act, 1988 and Sections 467, 468, 471, 420 and 120B of I.P.C. Learned Counsel for the State submits that the matter is still under investigation and the same will be completed within two months. Learned Counsel for the petitioner states that they have no objection with the same but the petitioner may be granted an opportunity to file a representation before the Investigating Agency during the course of the investigation which be also considered by the Investigating Agency. In view of the above, the present misc. petition is disposed of with a direction that the investigation in the matter be completed within two months from today. The outcome of the said investigation be filed before the Appropriate Court within the stipulated period. However, in case the petitioner is aggrieved with the findings, if any against him, he will be at liberty to challenge the same afresh in accordance with law."
(3.) The petitioner has now filed this petition, while contending that the action of the Special Judge, Prevention of Corruption Cases, Bikaner of sending the complaint filed by the respondent No. 2 to the police under Section 156(3) Cr.P.C. was absolutely without jurisdiction and, therefore, the F.I.R. registered on the basis of the said complaint itself is illegal and is liable to be quashed and set aside.;


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