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2019 Supreme(Raj) 862

PANKAJ BHANDARI
Pitamber Harwani – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : H.V. Nandwana, P.K. Singh and P.R.S. Rajawat
For the Respondents: Rajesh Maharshi, AAG and Manish Sharma

ORDER :

Pankaj Bhandari, J.

1. Petitioners have preferred these petitions aggrieved by the prosecution sanction order dated 02.07.2013 (SB Criminal Writ Petition No. 494/2016 & SB Civil Writ Petition No. 11679/2014) and prosecution sanction order dated 02.04.2014 (SB Criminal Writ Petition No. 94/2015).

2. It is contended by the counsel for the petitioners that a raid was conducted by the Anti Corruption Bureau team in Room No. 106 of Office of I.G. Registration and Stamps, Rajasthan as there was information that amount was being collected by the employees for renewal of licences of stamp vendors, Rs. 850/- was recovered from Pitamber Harwani, Rs. 1,150/- was recovered from Vishnu Lal Jaipal and Rs. 6,715/- was recovered from Jeevan Ram Choudhary, who all are petitioners in the present petitions. FIR was registered at Police Station CPS, ACB, Jaipur for offence under Sections 13(1)(d)(e)(ii) of Prevention of Corruption Act, 1988. After completing the investigation the Investigating Agency i.e. ACB sought opinion from Deputy Director Prosecution-II, DOP-II, who was of the opinion that ACB would not be able to prove the guilt and only a departmental inquiry should be initiated by the De

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