HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Revision Petition No. 113/2022

State Of Rajasthan, Through Public Prosecutor

----Petitioner

Versus

1.

Ram Sharan Singh S/o Sh. Nathi Singh, R/o 91, Tulip,

Gaj Raj Marg, Bapu Nagar, Jaipur

2.

G.s. Sandhu S/o Sh. A.s. Sandhu, R/o 5/15, Sfs,

Mansarovar, Jaipur

3.

Nishkam Diwakar S/o Brijmohan Diwakar, R/o Flat No.

204, Vrindavan Apartments, Sri Gopal Nagar, Jaipur

302019

4.

Omkar Mal Saini S/o Sh. Jeewan Ram Saini, R/o A 199,

Dadu Dayal Nagar, Iscon Road, Near Mansarover, Jaipur

302020

----Respondents

Connected With

S.B. Criminal Revision Petition No. 114/2022

G.s. Sandhu S/o A.s. Sandhu, R/o 5/15, Sfs Mansarovar, Jaipur

----Petitioner

Versus

1.

State Of Rajasthan, Through Public Prosecutor

2.

Ram Sharan Singh S/o Sh. Nathi Singh, R/o 91, Tulip Gaj

Raj Marg, Bapu Nagar, Jaipur

----Respondents

S.B. Criminal Revision Petition No. 115/2022

Nishkam Diwakar S/o B.m Diwakar, Residence Of Flat No. 204,

Vrindavan Apartment, Sri Gopal Nagar, Jaipur

----Petitioner

Versus

1.

State Of Rajasthan, Through P.p

2.

Ram Sharan Singh S/o Sh. Nathi Singh, R/o 91, Tulif, Gaj

Raj Marg, Bapu Nagar, Jaipur

----Respondents

S.B. Criminal Revision Petition No. 131/2022

(2 of 39)

[CRLR-113/2022]

Onkar Mal Saini Son Of Late Shri Jeevan Ram Saini, Aged About

58 Years, Resident Of A-199, Dadu Dayal Nagar, Iskon Road,

Near Mansarovar, Jaipur (Rajasthan) 302020

----Petitioner

Versus

1.

State Of Rajasthan, Through Its Public Prosecutor

2.

Ram Saran Singh Son Of Shri Nathi Singh, Resident Of

91, Tulip Gajraj Marg, Bapu Nagar, Jaipur (Rajasthan)

----Respondents

For Petitioner(s)

:

Major R.P. Singh, Sr. Adv., AAG with

Mr. Jaivardhan Singh Shekhawat,

Mr. Aditya Singh,

Mr. Chandra Vikram Singh

Mr. Ghanshyam Singh Rathore, GA-

cum-AAG with

Mr. Mangal Singh Saini, P.P.

Mr. S.S. Hora, Adv.

Mr. Pankaj Gupta, Adv. with

Mr. Naman Yadav,

Mr. Hemang Singh,

Mr. Saurabh Yadav

Mr. Saransh Saini, Adv. with

Mr. Vinod Sharma

For Respondent(s)

:

Mr. Anil Chaudhary

HON'BLE MR. JUSTICE FARJAND ALI

Judgment

JUDGMENT RESERVED ON

:::

04.01.2023

JUDGMENT PRONOUNCED ON

:::

17.01.2023

The present criminal revision petitions have been filed by

the petitioner-state and the accused-petitioners under Section

397 r/w Section 401 Cr.P.C. challenging the correctness, legality

or propriety of the order dated 26.11.2021 passed by the learned

Special Judge, Prevention of Corruption Act Cases, No.4, Jaipur

Metro in Criminal Regular Case No. 01/2021 whereby the

application moved by the public prosecutor for withdrawal of

(3 of 39)

[CRLR-113/2022]

prosecution against the respondents No. 2 to 4 under Section

321 CrPC was rejected.

The brief facts of the case are that the complainant- Ram

Sharan Singh filed a complaint regarding private agricultural land

and a Preliminary Enquiry No. PE-15/2014 was registered by the

ACB on 26.03.2014. Then, an FIR bearing No. 422/2014 came to

be filed at the Anti-Corruption Bureau, Rajasthan, Jaipur under

Sections 109, 420, 457, 471 and 120-B of IPC and section 13(1)

(d) of the Prevention of Corruption Act. A charge sheet was

eventually filed on 26.11.2015 in the case against the accused

Nishkam Diwakar and against one Shailendra Garg while

investigation was ongoing under Section 173(8) of the Criminal

Procedure Code against G.S. Sandhu, Omkar Mal Saini and three

other individuals. A supplementary charge sheet was submitted

on 08.05.2016 stating that while the investigation against

accused Shanti Dhariwal and N.L. Meena is still underway under

Section 173(8) of the Criminal Procedure Code, offences were

made out against accused G.S. Sandhu and Omkar Mal Saini and

two other individuals named Vijay Mehta and Anil Kumar

Agarwal. Thereafter, co-accused N.L. Meena and Shanti Dhariwal

were the subject of a second supplementary report which was

submitted on 12.06.2019 which was followed by a closure report

filed