ANIL DAIMA ETC. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These petitions arise from a common judgment and order passed by the High Court of Judicature for Rajasthan, Bench at Jaipur dtd. 3/10/2025 by which the two Criminal Miscellaneous Petitions i.e. Criminal Misc. Writ Petition Nos. 450 and 451 of 2025, respectively, filed by the petitioners before us came to be disposed of.

(2.) The High Court addressed itself on two neat questions of law. The two questions of law are as under:-

(3.) Both the questions, referred to above, have been answered by the High Court against the petitioners. The High Court after due consideration of the position of law and a review of various decisions of this Court and the provisions of law, has recorded a categorical finding that the ACB of the State of Rajasthan has jurisdiction to register the criminal case under the provisions of the Prevention of Corruption Act despite the fact that the accused is an employee of the Central Government. The High Court has taken the correct view while saying that it is incorrect to say that it is only the CBI who could have instituted the prosecution.