JUDGEMENT
Vijay Bishnoi, J. -
(1.) THESE criminal misc. petitions under section 482 CrPC have been preferred by the petitioners while questioning the investigation carried out by the Anti Corruption Bureau against them in connection with the FIR No. 56/2010 dated 19.03.2010 lodged at Police Station CPS, Jaipur. It is also prayed that the FIR No. 56/2010 be quashed qua the petitioners.
(2.) BRIEF facts, necessary for disposal of these criminal misc. petitions, are that during the course of hearing of D.B. Civil Special Appeal No. 188/2002 - State of Rajasthan & Anr. v. Sarita Choudhary, Division Bench of this Court directed the Principal Secretary (Finance), Government of Rajasthan, Jaipur to depute a team of officers to enquire into the record of Jai Narain Vyas University, Jodhpur (for short 'JNVU' hereinafter) for detecting any misuse of Students' Union Fund. Pursuant to the said directions given by this Court, a committee headed by the Director, Treasury and Accounts, Jaipur had inspected the record of JNVU and submitted a report to the effect that there is clear cut evidence that there has been forgery and misappropriation of huge amount by the office bearers of the Students Union, JNVU and prima facie, there is a case against known or unknown persons for the offences punishable under sections 409, 407, 458, 471, 420, 418, 477A IPC read with section 34/120 and section 13(1)(c)(d) of the Prevention of Corruption Act, 1988 (for short 'the P.C. Act' hereinafter). The Division Bench of this Court while disposing of the D.B. Civil Special Appeal No. 188/2002 vide judgment dated 03.02.2006 has directed the State Government to initiate police action against the officers, teachers and the students, known and unknown, against whom there is a prima facie case of forgery, conspiracy, abetment and misappropriation of huge Students' Union fund.
(3.) PURSUANT to the said directions, the Registrar, JNVU has filed a complaint to the SHO, Police Station, Shashtri Nagar, Jodhpur on 28.07.2006. Later on, it was reported that there is a complaint regarding the commission of offences under the P.C. Act, therefore, the police station, Shashtri Nagar has no jurisdiction to conduct investigation into the offences pertaining to P.C. Act, the complaint was reported to Anti Corruption Bureau. On receiving the same, the Anti Corruption Bureau, Jodhpur has registered the FIR No. 56/2010, which is reproduced hereinunder:
;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.