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2022 Supreme(Raj) 1457

BIRENDRA KUMAR
Surendra Singh Rathore – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. V.R. Bajwa Senior counsel with Mr. Snehdeep Khayalia Mr. Manish Parmar, Advocate., for the Petitioner
Dr. Vibhuti Bhushan Sharma, AAG assisted by Mr. Prakhar Gupta Mr. Tushar Pareek Ms. Charvi Patni Mr. Avinash Choudahry Mr. Prashant Sharma, Mr. Arvind Kumar, PP., for the Respondent

JUDGMENT

1. The petitioner is an accused in FIR No. 131/2022 dated 14.04.2022 registered with Pradhan Arakshi Kendra, Anti Corruption Bureau, Jaipur District Bikaner for offences under Sections 7, 7A, 8 and 12 of Prevention of Corruption Act, 2018 (in short "P.C. Act") as well as under Section 120-B of IPC. The petitioner has sought for quashment of aforesaid FIR on the ground that FIR No. 123/2022 registered for offences under Sections 7 and 7A of the P.C. Act as well as under Section 120-B of IPC on 08.04.2022 relates to identical allegations of same transactions hence, the impugned FIR is second FIR for the same cause which is not permissible. The second ground of challenge is that admittedly the petitioner is a public servant and the offences alleged to have been committed are relatable to suspected recommendations made or decision taken by the petitioner in discharge of his official functions and duties and therefore under Section 17A of P.C. Act previous approval of the competent authority is necessary to conduct any inquiry or investigation into any offence alleged to have been committed by the petitioner. Since the approval of the authority competent to remove the petitioner

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