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2022 Supreme(Raj) 834
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Om Prakash Bairwa S/o. Shri Ramlal Bairwa & Ors. - Petitioners
Versus
State of Rajasthan, Through P.P. & Ors. - Respondents
S.B. Criminal Misc.(Pet.) Nos. 2342, 1339, 1340, 1341, 2343, 2345, 2346, 2348, 2572, 2573 of 2019
Decided On : 14-09-2022
Important Points
Subject
Criminal Law - Corruption
Act Referred
INDIAN PENAL CODE : S.120(b)
MOTOR VEHICLES ACT : S.86, S.86(4)
PREVENTION OF CORRUPTION ACT : S.13(1)(c), S.13(1)(d), S.13(2)
Headnote
During September-November 2016, M/s Shrinath Travels applied for PSV permits. Allegations of misuse of permits led to F.I.R.s against the petitioners. The final enquiry report exonerated the petitioners, finding no revenue loss. The petitioners sought quashing of the F.I.Rs under Section 482 Cr.P.C. The Court applied the principles from State of Haryana v. Ch. Bhajan Lal, finding no prima facie case against the petitioners. The Court observed that the allegations did not disclose the commission of any offence and quashed the F.I.Rs.
For the Petitioners: Mr. Manoj Bhandari, Sr. Adv. assisted by Mr. Govind Suthar, Mr. Dhirendra Singh, Sr. Adv. assisted by Ms. Priyanka Borana, Mr. Rajat Dave.
For the Respondents: Mr. M.A. Siddiqui, G.A. cum A.A.G.
ORDER :
1. These Criminal Misc. Petitions under Section 482 Cr.P.C. have been preferred claiming the following reliefs :
Petition No. 2342/2019:
“It is therefore, most humbly and respectfully prayed that this misc. petition may kindly be allowed and the impugned FIR No.195/2017 dated 21.07.2017 lodged at Police Station Anti Corruption Bureau, POS, Jaipur for offences under Sections 13(1)(C), 13(1)(D), 13(2) of Prevention of Corruption Act, 1988 & Section 120B IPC may kindly be quashed and set aside being an abuse of process of law.”
Petition No.1339/2019:
“It is therefore, most humbly and respectfully prayed that your lordships may graciously be pleased to accept and allow the present Criminal Misc. Petition and the FIR No.196/2017 registered on dated 21.07.2017, at Police Station CPS ACB JAIPUR, against the petitioner for the alleged offences U/S 13(1)(c)(d), 13(2) PC Act, 1988 & 120B IPC may kindly be quashed and set aside qua the petitioner.”
Petition No.1340/2019:
“It is therefore, most humbly and respectfully prayed that your lordships may graciously be pleased to accept and allow the present Criminal Misc. Petition and the FIR No.195/2017 registered on dated 21.07.2017, at Police Station CPS ACB JAIPUR, against the petitioner for the alleged offences U/S 13(1)(c)(d), 13(2) PC Act, 1988 & 120B IPC may kindly be quashed and set aside qua the petitioner.”
Petition No.1341/2019:
“It is therefore, most humbly and respectfully prayed that your lordships may graciously be pleased to accept and allow the present Criminal Misc. Petition and the FIR No.197/2017 registered on dated 21.07.2017, at Police Station CPS ACB JAIPUR, against the petitioner for the alleged offences U/S 13(1)(c)(d), 13(2) PC Act, 1988 & 120B IPC may kindly be quashed and set aside qua the petitioner.”
Petition No.2343/2019:
“It is therefore, most humbly and respectfully prayed that this misc. petition may kindly be allowed and the impugned FIR No.195/2017 dated 21.07.2017 lodged at Police Station Anti Corruption Bureau, POS Jaipur for offences under Sections 13(1)(C), 13(1)(D), 13(2) of the Prevention of Corruption Act, 1988 & Section 120B IPC may kindly be quashed and set aside being an abuse of process of law.”
Petition No.2345/2019:
“It is therefore, most humbly and respectfully prayed that this misc. petition may kindly be allowed and the impugned FIR No.195/2017 dated 21.07.2017 lodged at Police Station Anti Corruption Bureau, POS Jaipur for offences under Sections 13(1)(C), 13(1)(D), 13(2) of the Prevention of Corruption Act, 1988 & Section 120B IPC may kindly be quashed and set aside being an abuse of process of law.”
Petition No.2346/2019:
“It is therefore, most humbly and respectfully prayed that this misc. petition may kindly be allowed and the impugned FIR No.197/2017 dated 21.07.2017 alleging offences under Sections 13(1)(c), 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 & Section 120B IPC may kindly be quashed and set aside being an abuse of process of law.”
Petition No.2348/2019:
“It is therefore, most humbly and respectfully prayed that this misc. petition may kindly be allowed and the impugned FIR No.197/2017 dated 21.07.2017 alleging offences under Sections 13(1)(c), 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 & Section 120B IPC may kindly be quashed and set aside being an abuse of process of law.”
Petition No.2572/2019:
“It is therefore, most humbly and respectfully prayed that this misc. petition may kindly be allowed and the impugned FIR No.196/2017 dated 21.07.2017 lodged at Police Station Anti Corruption Bureau, POS Jaipur for offences under Sections 13(1)(C), 13(1)(D), 13(2) of the Prevention of Corruption Act, 1988 & Section 120B IPC may kindly be quashed and set aside being an abuse of process of law.”
Petition No.2573/2019:
“It is therefore, most humbly and respectfully prayed that this misc. petition may kindly be allowed and the impugned FIR No.196/2017 dated 21.07.2017 lodged at Police Station Anti Corruption Bureau,
