K. B. GUPTA & ANR. Vs. STATE OF RAJASTHAN & ANR.
LAWS(RAJ)-2015-11-12
HIGH COURT OF RAJASTHAN
Decided on November 24,2015

K. B. Gupta And Anr. Appellant
VERSUS
State Of Rajasthan And Anr. Respondents

JUDGEMENT

- (1.) Heard learned counsel for the parties.
(2.) By way of this criminal misc. petition under Section 482 Cr.P.C., the accused -petitioners have prayed for quashing of the FIR No.334/2010 registered at Police Station Anti Corruption Bureau, Jaipur and also the order dated 9.10.2015 passed by the Special Judge, ACD Cases, Alwar whereby the learned trial Court took cognizance against the petitioners for the offence under Section 15 of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act) and Section 120 -B IPC.
(3.) The FIR has been challenged mainly on the ground that no offence at all is disclosed against the petitioners from the allegations levelled in the same whereas the order of cognizance has been challenged on the ground that once prosecution sanction as required under Section 19 of the Act was refused by the competent authority as well as at the level of the State Government, cognizance cannot be taken against them even if petitioners have retired from their service and the final report was filed in the Court below thereafter.;


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