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2023 Supreme(HP) 240

JYOTSNA REWAL DUA
Abhishek Sharma – Appellant
Versus
Sate of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. B.C. Negi, Senior Advocate, with Mr. Udit Shaurya Kaushik, Advocate
For the Respondents:Mr. Y.P.S. Dhaulta, Additional Advocate General

JUDGMENT :

Jyotsna Rewal Dua, J.

Petitioner is a Motor Vehicle Inspector (MVI) in the office of Regional Transport Authority, District Bilaspur, H.P. He is co-accused in FIR No. 5 of 2021, dated 28.11.2021, registered by the State Vigilance and Anti Corruption Bureau, District Mandi, H.P. under Sections 7 and 7A of the Prevention of Corruption Act, 1988 (in short the Act). In the instant petition, he seeks quashing of this FIR.

2. As per the respondent, following facts led to registration of the FIR :-

    2(i) On 26.11.2021, a source report from general public Mandi was received in Police Station State Vigilance and Anti Corruption Bureau (SV & ACB), Mandi that post of MVI was lying vacant in District Mandi. MVI from other district was being deputed in District Mandi for passing of vehicles and driving tests. It was alleged that MVI was passing the vehicles without following proper procedure and also taking bribes through touts.

    2(ii) A team of officials of SV&ACB Mandi proceeded to Kansa ground, Dador on 27.11.2021, where exercise of passing of vehicles was being carried out. The team found three vehicles bearing registration Nos. HP-67-8900 (of petitioner), HP-65-8784 and HR-05Y-4392,


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