HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S. B. Criminal Miscellaneous (Petition) No. 5353/2022 Shanti Dhariwal S/o Late Shri Rikhabh Chand Dhariwal ----Petitioner Versus State of Rajasthan ----Respondent Connected With S. B. Criminal Revision Petition No. 113/2022 State of Rajasthan ----Petitioner Versus Ram Sharan Singh S/o Sh. Nathi Singh ----Respondent S. B. Criminal Revision Petition No. 114/2022 G.S. Sandhu S/o A.S. Sandhu ----Petitioner Versus State of Rajasthan ----Respondent S. B. Criminal Revision Petition No. 115/2022 Nishkam Diwakar S/o B.M. Diwakar ----Petitioner Versus State of Rajasthan ----Respondent S. B. Criminal Revision Petition No. 131/2022 Onkar Mal Saini S/o Late Shri Jeevan Ram Saini ----Petitioner Versus State of Rajasthan ----Respondent S.B. Criminal Miscellaneous (Petition) No. 1717/2022 G.S. Sandhu S/o Sh. A.S. Sandhu ----Petitioner Versus State of Rajasthan ----Respondent S. B. Criminal Miscellaneous (Petition) No. 461/2025 Nishkam Diwakar S/o B.M. Diwakar ----Petitioner Versus State of Rajasthan ----Respondent S. B. Criminal Miscellaneous (Petition) No. 653/2025 Onkar Mal Saini S/o Late Shri Jeevan Ram Saini ----Petitioner Versus State of Rajasthan ----Respondent For Petitioner(s) : Mr. V.R. Bajwa, Senior Advocate assisted by Ms. Savita Nathawat Advocate.

Mr. Saransh Saini Advocate with Mr.

Vinod Kumar Advocate.

Mr. S.S. Hora Advocate with Mr.

Sahajveer Baweja Advocate.

Mr. Pankaj Gupta Advocate with Mr.

Naman Yadav Advocate.

For Respondent(s) : Mr. S.V. Raju, ASG assisted by Mr. Shiv Mangal Sharma, AAG, (through VC)

Mr. Shashank Khurana Advocate, Mr. Saubhagya Sundriyal Advocate (through VC)

Mr. Vagish Kumar Singh Advocate with Mr. Anupam Bhargava Advocate & Ms.

Sakshi Agrawal Advocate.

Dr. Abhinav Sharma, Spl. PP assisted by Mr. Rahul Sharma Advocate &

Mr. Akshaya Verma Advocate Mr. Anurag Sharma, Spl. PP assisted by Ms. Shreya Hatila Advocate.

HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA

Order

12/05/2025

1. This order shall govern disposal of applications seeking impleadment/intervention filed by Mr. Ashok Pathak in two sets of petitions, one set of petitions is filed by the accused seeking quashment of criminal proceedings and another set of revision petitions has been filed seeking to challenge the orders passed by the court below rejecting the application for withdrawal of prosecution filed under Section 321 of the Code of Criminal Procedure, 1973 (as it then existed) [hereinafter referred to as ‘Cr.P.C.’].

This order shall also govern disposal of application for withdrawal of S.B. Criminal Revision Petition No. 113/2022 filed by the State in the matter to challenge the order passed by the court below rejecting application seeking withdrawal of prosecution filed under Section 321 Cr.P.C. (as it then existed).

2. Criminal Misc. Petitions under Section 482 Cr.P.C. (as it then existed) are those which have been filed by the accused in the pending criminal cases.

3. Learned counsel for the proposed applicant argued that Ramsharan Singh, original informant lodged FIR, on which preliminary enquiry was conducted and a criminal case under Sections 13(1)(d) and 13(1) of the Prevention of Corruption Act, 1988 and Sections 420, 467, 468, 471 and 120B of the Indian Penal Code (hereinafter referred to as ‘IPC’) was registered against the accused. The offences involved allegation of forgery and abuse of official position. Such cases, where the allegation is of wide range corruption by abuse and misuse of official position by the accused persons, have to be distinguished from ordinary offences and all citizens, including proposed applicant, are victims. Such offences are primarily against the society at large. In addition to State being the prosecutor, public spirited individuals such as the present applicant are entitled as of law and public policy to seek impledment and oppose prayer for quashing of criminal proceedings as also the prayer for withdrawal of prosecution. The original informant has