SITA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner as well as learned Public Prosecutor and perused the case diary.

(2.) THIS criminal misc. petition has been filed by the petitioner under Section 482, CrPC for quashing the F.I.R. No. 255/1998 registered at Prevention of Corruption Bureau, Jaipur for the offence under Sections 13(1)(d), 13(2) Prevention of Corruption Act and under Sections 119 & 120B of the Indian Penal Code.

(3.) THE learned Counsel for the petitioner in support of his contentions placed reliance on the judgment of the Supreme Court in the case of G. Sagar Suri and Anr. v. State of U.P. and Ors. reported in , wherein the Lordships of the Supreme Court held that Jurisdiction under Section 482 of the Code has to be exercised with great care. In exercise of its jurisdiction the High Court is not to examine the matter superficially. It is to be seen if a matter, which is essentially of a civil nature, has been given a cloak of criminal offence. Criminal proceedings are not a short cut of other remedies available in law. Before issuing process a criminal Court has to exercise a great deal of caution. The judgment of the High Court is set aside and prosecution of the appellants under Section 406/420, IPC is quashed. A criminal complaint under Section 138 of the Negotiable Instruments Act is already pending against the appellants and other accused held on the same facts, F.I.R. and the criminal prosecution for the alleged offence under Section 406/420, IPC amounted to abuse of process of law and hence the proceedings liable to be quashed. Therefore, the ratio decided by the Hon'ble Supreme Court is not applicable to the instant case.