STATE OF RAJASTHAN Vs. HARI BABU GOYAL

JUDGEMENT

(1.) By way of this Criminal Misc. Petition fired under Section 482 of Cr.P.C. the State petitioner has implored to set aside the order dated 28th July, 2005 whereby the learned Special Judge (Prevention of Anti Corruption Act) Court, Kota directed D.G. Anti Corruption Bureau Jaipur to produce the file containing Note-sheet Nos. 129, 130 and 131 and the comments of Amarjeet Singh Gill D.G. ACB pertaining to FIR 230/98 of Police Station, Anti Corruption Bureau, Head quarter, Jaipur.

(2.) Heard the learned Public Prosecutor appearing for the State as also learned counsel for the accused non-petitioners and carefully perused the impugned order and relevant material on record.

(3.) Having reflected over the submissions made at the bar and carefully scanned the relevant provisions of law, it is noticed that in a case pertaining to FIR No. 230/98 of ACB, Jaipur, Shri D.C. Jain, SP, HQ and DIG Shri Shankar Saroliya had drawn some notings and Shri A.S. Gill D.G. passed his comments thereon. These notings were not filed along with the police report under Section 173(2) of Cr. P.C., by the Anti Corruption Bureau. On an application of accused non-petitioners the learned trial Court directed D.G. ACB to produce the said file.