State of Rajasthan vs Tejmal Choudhary

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 1132

INDIRA BANERJEE, J.K.MAHESHWARI
State of Rajasthan – Appellant
Versus
Tejmal Choudhary – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Sourav Roy, Adv., Mr. Kaushal Sharma, Adv., Mr. Prabudh Singh, Adv., Ms. Malavika Kala, Adv., Mr. Nishanth Patil, AOR
For the Respondent: Mr. Vishwa Pal Singh, AOR, Mr. Dinesh Kumar Mudgal, Adv., Mr. Vikas Gothwal, Adv., Ms. Kiran Bala Dewangan, Adv., Mr. Jhingan Ashwani Omprakash, Adv., Mr. Brijender Singh Dhull, Adv., Mr. Surjeet Singh, Adv., Mr. Y.P. Singh, Adv., Mr. Vipul Maheshwari, Adv., Dr. Amardeep Gaur, Adv., M/S. V. Maheshwari & Co., AOR, Mr. Brijender Chahar, Sr. Adv., Mr. Ronak Karanpuria, AOR, Mr. Sumit Sharma, Adv., Mr. Gobind Kumar, Adv., Mr. Gp. Capt. Karan Singh Bhati, AOR, Ms. Chitrangada, Adv., Mr. Manvinder Singh, Adv., Ms. Gunjan Negi, Adv., Mr. Dashrath Singh, Adv., Mr. Aditya Chauhan, Adv.

JUDGMENT :

INDIRA BANERJEE, J.

Leave granted.

2. This appeal is against the final judgment and order dated 07.04.2020 passed by the High Court of Judicature for Rajasthan at Jabalpur, allowing S.B. Criminal Miscellaneous Petition No.1163/2018, filed by the respondent and quashing FIR No.1/2018, registered against the respondent under Section 13(1)(g) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the “PC Act”) read with Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

3. By the aforesaid judgment and order, three miscellaneous petitions involving identical questions of law being S.B. Criminal Miscellaneous Petition No.1163/2018 referred to above, S.B. Criminal Miscellaneous Petition No.159/2018 and S.B. Criminal Miscellaneous Petition No.953/2018 have been disposed of. The petitioners in Criminal Miscellaneous Petition No. 159/2018 and Criminal Miscellaneous Petition No.953/2018 are also accused named in FIR 1/2018.

4. The said FIR has been quashed mainly on the ground that the Investigating Authorities had failed to obtain previous approval of the State Government under Section 17(A) of the PC Act before registering the said FIR against th

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2021 Supreme(SC) 1132

INDIRA BANERJEE, J.K.MAHESHWARIState of Rajasthan – AppellantVersusTejmal Choudhary – Respondent

Cases Referred (5)

INDIRA BANERJEE, J.K.MAHESHWARI
State of Rajasthan – Appellant
Versus
Tejmal Choudhary – Respondent