BABU SINGH RAJPUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this petition, filed under Section 482, Cr.P.C, the petitioner has made the following prayer : "It is therefore most respectfully prayed that the petition filed by the petitioner u/s 482 Cr.P.C. may kindly be allowed F.I.R. No.132/08 dated 09.06.08 police station Anti Corruption Bureau, C.P.S. Jaipur may kindly be quashed."

(2.) THE above FIR for which the prayer has been made for quashing the same, was filed against the petitioner for alleged offences under Sections 13(1)(C)(D) and 13(2) of Prevention of Corruption Act and Sections 409, 467,468, 471, 477(A) and 120B, I.P.C. Admittedly, the petitioner is elected Sarpanch and, in the said FIR, certain allegations have been levelled against the petitioner for committing forgery and misappropriation of money. THE said FIR, filed against the petitioner, runs as follows : (Matter in Hindi not produced)

(3.) RECENTLY, Hon'ble Supreme Court has held that jurisdiction under Section 482, Cr.P.C. conferred upon the High Court has to be exercised with care and caution and only where such exercise of jurisdiction is justified by the test laid down in the provision itself, then only the jurisdiction under Section 482, Cr.P.C. may be exercised. The said verdict has been given by the Hon'ble apex Court in the case of D. Venkatasubramaniam & Others v. M.K. Mohan Krishanamachari & Another, (2009) 10 SCC 488. In the said judgment, in para 29 and 32, their Lordships of the Supreme Court held as follows :