AVADH BIHARI MISHRA Vs. STATE
LAWS(RAJ)-2019-1-70
HIGH COURT OF RAJASTHAN
Decided on January 03,2019

Avadh Bihari Mishra Appellant
VERSUS
STATE Respondents

JUDGEMENT

PUSHPENDRA SINGH BHATI,J. - (1.) The petitioner by way of filing this misc. petition under Section 482 Cr. P.C., is seeking for the following relief :- "It is, therefore, most humbly and respectfully prayed on behalf of the petitioner that this misc. petition may kindly be allowed, record of case may kindly be called for and the impugned FIR No. 59/2013 dated 20.02.2013 (Annex.1) registered against the petitioner for the offence under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act read with Section 120B of IPC may kindly be ordered to be quashed and set aside".
(2.) The petitioner is at present working as Lecturer (Biology) at Parmanand Degree College, Gajsinghpur, District Sri Ganganagar. The allegation levelled in FIR is that the petitioner when was deputed to take practicals of Class XII for the subject of Biology held by Board of Secondary Education, Rajasthan on 12th and 13th February, 2013, he was invited as External Examiner for the said practical examinations at Government Baba Chhotunath Senior Secondary School, Nokha and he demanded bribe of Rs.10,000/- in lieu of giving good marks in the practical subject.
(3.) Earlier the petitioner preferred S.B. Criminal Misc. Petition No.1395/2013 (Dr. Avadh Bihari Vs. State of Rajasthan and Anr.), which came to be disposed of by this Court by passing order dated 27.9.2018 as follows :- "1. The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking quashing of FIR No.57/2013 registered at Anti Corruption Bureau, Jaipur and A.C.B. Chowki, Bikaner for the offences under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act read with Section 120B of IPC. 2. The petitioner present in person seeks liberty to make a representation before the investigating officer and requests that the same be considered strictly in accordance with law before completing the investigation. 3. The Investigating Officer present in Court along with learned P.P. assures this Court that if the petitioner submits a representation within a period of 3 days from today, then the same shall be considered strictly in accordance with law, before filing the result of the investigation. 4. In light of the aforesaid assurance given by Investigating Officer, the present misc. petition is disposed of with a direction to the investigating officer that in case the petitioner submits a representation before him within a period of three days from today, then the same shall be considered and decided before completing the investigation, strictly in accordance with law." ;


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