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J. B. PARDIWALA, SATISH CHANDRA SHARMA
Anil Daima Etc. – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. jurisdiction of acb in corruption cases. (Para 1 , 2 , 3) |
| 2. consideration of section 17-a for defense. (Para 4 , 5) |
| 3. inapplicability of section 17-a to illegal gratification. (Para 6 , 7 , 8) |
| 4. dismissal of special leave petitions. (Para 9 , 10) |
ORDER
1. These petitions arise from a common judgment and order passed by the High Court of Judicature for Rajasthan, Bench at Jaipur dated 3.10.2025 by which the two Criminal Miscellaneous Petitions i.e. Criminal Misc. Writ Petition Nos. 450 and 451 of 2025, respectively, filed by the petitioners before us came to be disposed of.
2. The High Court addressed itself on two neat questions of law. The two questions of law are as under:-
None identified. Based on the provided text, neither case indicates that it has been overruled, reversed, or otherwise rendered bad law.
**Category: Followed/Affirmative Legal Standing**
* **Mukesh Singh, Son Of Shri Dashrath Singh vs State Of Rajasthan, Through Public Prosecutor - 2025 Supreme(Online)(Raj) 11922:** This case is categorized as an affirmative assertion of law. The text explicitly concludes that the ACB of the State of Rajasthan possesses the power and jurisdiction for specific subjects, stating: "it can safely be concluded... that the jurisdiction of ACB... possesses power and jurisdiction."
* **Nawal Kishore Meena @ N. K Meena VS State of Rajasthan - 2026 2 Supreme 267:** This case is categorized as an affirmative assertion of law. It addresses a specific legal question regarding the authorization of the State Anti-Corruption Bureau and maintains the validity of its jurisdiction, stating: "the State of Rajasthan has jurisdiction to register the criminal case under the provisions of the Prevention of Corruption Act, 1988."
None. The provided snippets clearly define the active legal stance of the courts regarding the jurisdiction of the Rajasthan Anti-Corruption Bureau in both instances. There is no language in the provided text suggesting a subsequent negative treatment of these cases.
Jurisdiction to investigate corruption cases – ACB of State of Rajasthan has jurisdiction to register criminal case under provisions of Prevention of Corruption Act despite the fact that accused is a....
(1) Jurisdiction to investigate corruption cases – Although law and order including investigation of different criminal cases is a State subject and generally such matters are being investigated by S....
The ACB in Rajasthan can investigate and file charges against Central Government employees for corruption if committed within state jurisdiction, despite CBI’s authority.
Once charge sheet is filed, merely because Investigating Agency had no jurisdiction to investigate matter, charge sheet cannot be quashed.
The court held that prior approval for investigation under Section 17A of the Prevention of Corruption Act is unnecessary in cases involving direct allegations of corrupt conduct by public officials.
Persons authorised to investigate - Misappropriation of funds - Scope of S. 17A - An approval under S. 17A for conducting any enquiry, inquiry or investigation was warranted only when act done by acc....
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