ASHOK KUMAR YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition has been filed under Sec. 482 Crimial P.C. seeking quashing of charge sheet No. 214 dated 8.11.2005 filed by Superintendent of Police, Anti Corruption, Bikaner and also the order Annex. 7 dated 29.3.2005 sanctioning prosecution of the petitioner, who at the relevant point of time was working as SDO (South), Bikaner, under Sections 420, 477 and 120-B I.P.C. read with Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act.

(2.) This petition is pending in this Court for last five years for admission purpose and except one detailed order sheet dated 5.12.2006 noticing contention,- of learned counsel for the petitioner, nothing except adjournments has happened in this case. There is no interim order in favour of present petitioner staying the trial in the competent Court.

(3.) Today, learned counsel for the petitioner appeared and argued the case for admission. He submitted that the petitioner, at the relevant point of time, working as SDO (South), Bikaner' had only decided the suit filed by the co-accused Nain Giri and his order has been upheld by the competent authority in the Government and, therefore, he has not committed any alleged offence and the charge sheet against him and others and order sanctioning prosecution deserve to be quashed by this Court in its jurisdiction under Sec. 482 Crimial P.C. The relevant portion of the impugned order sanctioning prosecution, which reveals the conduct of the petitioner in the case in hand, is quoted below for ready reference: