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2016 Supreme(Raj) 804

SANDEEP MEHTA
Sanjay Harsh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner:Mr. Manish Shishodia, Mr. Mahesh Thanvi and Mr. Vikas Balia, Advocates.
For the State : Mr. A.S. Rathore, Public Prosecutor.
For the Respondent No.2 - Complainant:Mr. Pradeep Shah, Advocate.
For the Respondent: Mr. Jitendra Singh Mertiya, C.I., A.C.B. Barmer, Investigation Officer present in person.

JUDGMENT :

Mr. Sandeep Mehta, J.

These three miscellaneous petitions have been referred by the petitioners herein for assailing the legality and validity of the F.I.R. No. 201/2013 registered by the Anti Corruption Bureau, Outpost Jaisalmer or the offences under Sections 13 (1)(d) and 13(2) of the Prevention of Corruption Act and Section 120-B I.P.C.

2. The F.I.R. has been challenged principally on the ground that the same is nothing but a second F.I.R. on the same facts. The F.I.R. under challenge was lodged by the respondent No. 2 Bahadur Khan son of Aamad Khan, resident of Gafoor Bhatta, Jaisalmer. In order to seek quashing of the F.I.R., the petitioners have placed on record, copy of another F.I.R. No. 351/2011 registered at the Police Station Jaisalmer for the offences under Sections 420, 467, 468, 471, 120B, 34, 217 and 218 I.P.C. at the instance of the respondent No. 2 Bahadur than himself.

3. Sarva Shri Manish Shishodia, Vikas Balia and Mahesh Thanvi, learned Counsel representing the respective accused-petitioners, relied upon the following judgments in support of their contentions and urged that as the allegations levelled in the impugned F.I.R. and those levelled in the F.I.R






















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