MAHENDRA KHADGAWAT S/O LATE POONAM CHAND JI KHADGAWAT Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2017-5-282
HIGH COURT OF RAJASTHAN
Decided on May 19,2017

Mahendra Khadgawat S/O Late Poonam Chand Ji Khadgawat Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

Pushpendra Singh Bhati, J. - (1.) This criminal misc. petition under Section 482 Cr.P.C. has been preferred against the order dated 25.06.2014 passed by the learned Sessions Judge, Prevention of Corruption Act, Bikaner in Enquiry Report No.(6/11) 77/2011, whereby the Director General, Anti Corruption Bureau exonerated the petitioner in preliminary enquiry and filed the report after three months.
(2.) A complaint was made by respondent No.2/complainant before the learned District Collector, Bikaner. The learned District Collector, Bikaner conducted a detailed enquiry and vide communication/order dated 16.03.2012 concluded that the charges were not found to be correct. The order dated 16.03.2012 is on record at Page 25 of the petition. The re-investigation was conducted by the District Collector, Bikaner on the same issue and a report was submitted on 12.09.2012 whereby again it was held that the charges were not found to be made out against the petitioner. The same report is also on record at page 32 of the petition. The complainant/respondent No.2 on finding that the enquiry report gave a finding that the allegations were baseless, filed a complaint under Section 156(3) Cr.P.C. before the learned Sessions Judge, Prevention of Corruption Act, Bikaner. On the direction of the learned court, the Anti Corruption Bureau made a detailed enquiry and found that no case was made out against the petitioner.
(3.) While considering the report of the Anti Corruption Bureau, the learned Sessions Judge, Prevention of Corruption Act, Bikaner passed the order dated 25.06.2014, whereby a direction has been given to lodge the FIR against the present petitioner.;


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