LAWS(RAJ)-2011-2-224

DR. DHARMESH KUMAR SHARMA Vs. STATE OF RAJASTHAN

Decided On February 01, 2011
DR. DHARMESH KUMAR SHARMA Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This misc. petition is preferred to quash the first information report No.214/2010 dated 28.7.2010 pending investigation at police station Anti Corruption Bureau, Jaipur.

(2.) In brief, facts of the case are that at the instance of one Shri Ravindra Singh a complaint was lodged at Anti Corruption Bureau, Sriganganagar on 22.9.2006 stating therein that the petitioner while holding the office of a Veterinary doctor at Government Veterinary Hospital, Sadulsahar demanded a sum of Rs. 1200.00 for certifying medical fitness of the buffallows sought to be purchased by getting advance from a financial institution. A trap was organised on 5.10.2006 but that failed. Subsequent thereto efforts were also made to bribe the petitioner but admittedly no bribe was taken by him.

(3.) From perusal of the averments contained in first information report it reveals that the complainant made several efforts to bribe the petitioner but of no consequence. The complainant himself stated that on 5.10.2006 relevant certificate was issued but no bribe or illegal gratification was offered and accepted by the petitioner. As a matter of fact there is no foundation for alleging commission of any offence by the petitioner to initiate investigation against him. There is no prima facie case against the petitioner to subject him for investigation under the Prevention of Corruption Act, 1988.