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[CRLMP-1973/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 1973/2022

Vikas Kumar Bairwa S/o Shri Ram Prasad Bairwa, Aged About 25

Years, Resident Of Village Bar-Ka-Para, Post Shivsinghpura,

Tehsil Lalsot, Distt. Dausa (Raj).

----Petitioner

Versus

State Of Rajasthan, Through Public Prosecutor.

----Respondent

Connected With

S.B. Criminal Miscellaneous (Petition) No. 2182/2022

Manish Kumar Soni Son Of Ramkishore Soni, Aged About 37

Years, Resident Of Naveen Mandi, Pashu Hospital Ke Samne,

Malpura Tonk.

----Petitioner

Versus

1. State Of Rajasthan, Through Its Public Prosecutor.

2. Vikas Kumar Bairwa Son Of Shri Ramprasad Bairwa, Resident

Of Village Bad Ka Pada, Post Shivsinghpura, Lalsot, Dausa.

----Respondents

For Petitioner(s)

:

Mr. Sneh Deep Khyaliya with Mr.

Akshay Singh

For Respondent(s)

:

Mr. G.S. Rathore, G.A. cum AAG

Mr. Chandragupt Chopra, PP

Mr. S.S. Hasan, Sr. Advocate with Mr.

Fahad Hasan (petitioner in CRLMP No.

1973/2022)

Ms. Anita Agarwal with Ms. Gaurika

Khandelwal

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Judgment reserved on

:

11.10.2022

Judgment pronounced on

:

21

.11.2022

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[CRLMP-1973/2022]

S.B. Criminal Miscellaneous (Petition) No. 1973/2022

1.

This petition under Section 482 Cr.P.C. has been brought for

quashing of FIR No. 10/2020 registered with Anti Corruption

Bureau, Jaipur for the offence under Section 7, 7-A of the

Prevention of Corruption Act (in short “the Act”) and under Section

120B of the Indian Penal Code.

2.

The challenge is on the ground that since wife of the

petitioner was Chairman of the Municipality, due to political rivalry

with the former Chairman, a false and concocted FIR has been

lodged just to malign the image and reputation of his wife as well

as of the petitioner. The petitioner has further asserted that the

preliminary inquiry conducted before commencement of the FIR

was mere formality and not consistent with the requirements

stated in Lalita Kumari Vs. Govt. of U.P. & ors., reported in

(2014) 2 SCC 1.

3.

According to FIR, one Vikash Kumar Bairwa, a contractor in

the PWD Department lodged complaint with Anti Corruption

Bureau on 29.11.2021 stating therein that in pursuance of the

Government Work Order, after acceptance of tender of the

complainant, work was assigned by order dated 10.11.2020. After

completion of the work within time, the complainant was running

from pillar to post for clearance of his pending bill. The Chairman

Smt. Sonia Soni, prepared a running bill in favour of the

complainant of Rs. 3,01,915.82/-. When the complainant went to

the office of Municipality, the petitioner who is husband of the

Chairman and was mainly dealing with the work of the Chairman,

called on different dates for 3-4 months for payment of bill

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[CRLMP-1973/2022]

amount. Ultimately, the Chairman and the petitioner asked the

complainant to pay 10% of the bill amount for getting clearance of

the bill. It is further stated that the bribe money for the petitioner

was being received by co-accused Prem Mali, who was also a

contractor in the same Department. The complainant stated that

since he does not want to pay bribe to the named persons, hence

the complaint. On receipt of the complaint, the Anti Corruption

Bureau on different dates mentioned in the FIR verified the talk

between the complainant and the accused persons which revealed

that the petitioner had asked the complainant to meet Mr.

Yogendra Gautam @ Manu, a contractual employee and to pay Rs.

25,000/- which was 10% of the due bill amount of 2,50,000/-. On

10.1.2022, on being asked by ACB, the complainant produced 30

notes of 500 denomination to the ACB which was to be paid to

Prem Chand Mali and the remaining 5,000/- was to be paid after

clearance of the bills. Chemicals were put on those notes. On

12.1.2022 along with the