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2014 Supreme(Raj) 2129

MAHESH CHANDRA SHARMA
State of Rajasthan through Addl. Director General, Anti Corruption Bureau, Govt, of Rajasthan – Appellant
Versus
The Special Judge, ACD Cases, Ajmer – Respondent


For the State: B.N. Sandu, AAG and Prem Shanker Sharma and R.S. Rathore, Public Prosecutors.
For the Complainants: Chain Singh Rathore and C.L. Saini, Counsel.
For the Respondents:J.K. Singhi, Sr. Advocate with Ravindra Pal Singh and Sandeep Mathur and Tej Prakash Sharma, Advocates.

JUDGMENT

1. - This criminal misc. petition has been filed by the State of Rajasthan through Addl. Director General, Anti Corruption Bureau, Govt, of Rajasthan, Jaipur against the order dated 18.11.2013 passed by Special Judge-Sessions Judge, ACD Cases, Ajmer directing the petitioner to be present in person to explain why FIR had not been registered and only a preliminary enquiry was registered in private complaint No.3 of 2013 Hari Ram v. Anil Kumar Vishnol and another . The State of Rajasthan In the said criminal misc. petition prayed that this Hon'ble Court may very graciously be pleased to accept and allow this misc. petition and may be further pleased to quash and set aside the order dated 18th November, 2013 passed by the Special Judge, ACD Cases Ajmer In private complaint No. 3/2013 and may further be pleased to direct the Court of ACD Cases not to Insist on registering an FIR unless a PE is registered and the findings of the PE require the registration of FIR.

2. The facts of this case are that one Hari Ram filed a complaint against the non-petitioners Anil Kumar Vishnol and Babu Lal Vishnol before the court of Special Judge, ACD Cases, Jodhpur on May 30,2012. The said compl






















































































































































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