[2025:RJ-JP:49894]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 189/2025 Ram Prakash Son Of Ramchandra, Aged About 54 Years, Resident Of Plot No. 02, New Officer Colony Police Station Jawahar Nagar, District Shri Ganganagar Posted At Present Junior Engineer Samagra Shiksha Block Sri Ganganagar District Sri Ganganagar ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Nirmal Kumar Goyal, Adv.

For Respondent(s) : Mr. M.S. Shekhawat, PP For Complainant(s) : Mr. Dhruv Atri, Adv.

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

02/12/2025

1. By way of this Criminal Revision Petition under Section 438 read with Section 442 of BNSS, challenge has been made by the petitioner to the order dated 12.12.2024 passed by the learned Special Judge, Prevention of Corruption Act, No.1, Jaipur Metropolitan-II, Jaipur in Criminal Misc. Application No.276/2024 in Regular Criminal Case No.05/2023 (CIS No.209/2023) titled as State of Rajasthan V. Harmeet Singh & Ors., whereby, cognizance has been taken against the petitioner for offences punishable under Sections 7, 7A & 8 of Prevention of Corruption Act, 1988 (hereinafter referred to as ‘PC Act’) read with Section 120B of IPC. 2. Succinctly stated, the relevant facts are that the petitioner was appointed as a Teacher by the District Education Officer (Primary) vide order dated 20.12.1997, and at the time of the alleged incident, he was working on deputation as a Junior Engineer in the office of the Chief Block Education Officer, Block Sri Ganganagar.

3. On 05.08.2021, one Indra Sain submitted a written complaint before the Anti-Corruption Bureau alleging that two work orders pertaining to Government Sr. Secondary School, Noorpura Dhani and Kheruwala, Block Sadul Sahar, District Sriganganagar were issued to him. The work order for Noorpura stood completed therefore, a bill of Rs.35 lakhs was raised by the complainant, out of which, he received bill amount of Rs.27,84,448/- and Rs.7,18,582/- remained due. It was alleged that for processing and releasing the remaining bill amount, Assistant Engineer Harmeet Singh demanded bribe of Rs.52,000/-. Further, it was alleged that on earlier occasion, complainant had already given bribe of Rs.1,00,000/- each to A.En. Harmeet Singh and J.En. Narendra Bhakar. Acting upon the complaint, a trap was organized at Jaipur. As per the trap proceedings, the complainant allegedly tendered Rs.45,000/- to co-accused Harmeet Singh, who thereafter handed over the amount to the present petitioner for counting. A further sum of Rs.3,30,000/-, along with a handwritten slip, was also recovered from the seat of Harmeet Singh. Consequently, FIR No.334/2021 was registered at Police Station ACB, Jaipur for offences punishable under Sections 7, 7A & 8 of the Prevention of Corruption Act, 1988 and Section 120B of IPC.

4. After completion of investigation, charge-sheet was filed against the petitioner for offences punishable under Sections 7, 7A and 8 of PC Act read with Section 120B IPC before the concerned Court. Upon grant of prosecution sanction, vide order dated 09.01.2023, trial Court took cognizance against the petitioner for the said offences. The said order of cognizance was assailed by the petitioner before this Court by way of filing SB Cr. Revision Petition No.245/2023 and vide order dated 04.05.2023, said petition was allowed and the cognizance order dated 09.01.2023 was set aside for the reason that the prosecution sanction was not found valid one as the same was issued by an incompetent authority i.e., District Education Officer (Headquarter), Secondary, Sriganganagar and the authorized officer i.e., District Education Officer (Headquarter), Primary Education, Sriganganagar, without application of mind, signed it, and, the petitioner was also not provided an opportunity of hearing. In consequence of the said order, the learned trial Court discharged the petitioner vide order dated