- (1.) A complaint under Section 190 Cr.P.C. was filed before the Special Judge, Prevention of Corruption Act, No.2, Jaipur City, Jaipur against 7 named accused persons along with unknown persons for the offence under various provisions of IPC and Prevention of Corruption Act, 1988 (in short "the Act of 1988"). The learned court passed an order on 13.11.2013 for inquiry. When Police did not submit report, a prayer was made to call the report. The court refused to call the report as case was not pending so as to invoke Section 210 Cr.P.C.
(2.) The learned counsel for petitioner submits that the court has become a silent spectator despite submission of a complaint under Section 190 Cr.P.C. As and when complaint is submitted, the court need to proceed either by invoking Section 156(3) Cr.P.C. or Section 200 Cr.P.C. By the order dated 13.11.2013, the complaint was sent for inquiry. It is nothing but an order under Section 200 Cr.P.C. The court should have called the progress report. In any case, the matter is now pending with ACB for last more than 11/2 years. The influential persons are involved in this case, thus the ACB is not progressing the inquiry, thus appropriate direction may be given for ends of justice. A reference of judgment of the Apex Court in the case of Lalita Kumari Vs. Govt. of U.P. & Ors., 2012 4 SCC 1 was given. It was held that registration of FIR is mandatory, if information discloses commission of cognizanble offence and in those cases, no preliminary inquiry is permissible. The respondents have not proceeded as per dictum of the Supreme Court in the case of Lalita Kumari.
(3.) Learned Public Prosecutor has submitted that the ACB is inquiring the case as per direction of the court below. The direction was only to hold an inquiry. In pursuance to it, an inquiry was conducted and as it involves voluminous record, it took time. The inquiry has now been completed. The offence under Sections 13(1)(d) & 13(2) of the Act of 1988 read with Section 120B IPC is made out. The recommendation has been made to register the case against five officers involved therein. The respondents would proceed accordingly, thus petition has become infructuous as no further directions are required.;