DHANNA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These revision petitions have been filed under Sec. 482, Crimial P.C. for quashing of F.I.R. No. 78/2000 of Police Station C.P.S. Anti-Corruption Bureau, Jaipur Lodge against the present petitioners for the offences under Sections 13(1)(D) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (for Short the PC Act") and Sections 420, 467, 468, 471/120- B I.P.C. Since in all these revision petitions common question is involved, therefore, they are being disposed of by this common order.

(2.) The short facts of the case are, impugned F.I.R. was lodged with the allegations that according to the preliminary enquiry, 51 Sandstone quarry licenses have been issued to the petitioners. At the relevant time, petitioner Fateh Karan was the Mining Engineer and petitioner Dhanna Lal was holding the post of Lower Division Clerk at Bijoliya District Bhilwara. Along with the application for issuing of quarry License, No Objection Certificates (consent letter) were also filed which should have been registered and on account of non-registration of consent letter, revenue loss has been caused to the State of Government and, as the same time, it has also been alleged in the F.I.R. that excess land in the tune of 73 bighas and 15 biswas have not been surrendered and as such, a material loss has been caused to the State Government. Heard learned counsel for the parties.

(3.) The main contentions of the present petitioners are that the impugned F.I.R. is gross abuse of process of law. The sanction for the offences under the Prevention of Corruption Act, 1988 has been refused by the competent authority and hence no proceedings could be initiated for the offence under Sec. 13 of the PC Act. It has been further submitted that undertaking has been taken from the petitioners that if the said document is found to be registrable, the same shall be got registered after payment of necessary duty, therefore, the interest of the Government has been secured. There is no provisions in any of the connected law and Sandstone policy to surrender the excess land.