ANIL KUMAR VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this Misc. Petition for quashing the FIR No. 91/2009 dtd. 29/4/2009 lodged at Police Station - Anti-Corruption Bureau, Jaipur District for the offence under Ss. 13(l)(e) and 13(2) of the Prevention of Corruption Act, 1988.

(2.) It is contended by counsel for the petitioner that petitioner was working as AEN with the Public Works Department from the year 1980. An anti corruption case no. 64/2009 was registered against him in which after trial, petitioner was acquitted. It is also contended that in the present FIR, the allegation was with regard to disproportionate assets. It is further contended that the first Investigating Officer submitted negative report to the Bureau on 4/6/2016, mentioning therein that the assets are not more than the income of the petitioner. It is also contended that petitioner's father was doing business of money lending and most of the assets which are shown as assets of the petitioner actually belong to father and mother of the petitioner. All the borrowers who had taken money from the father of petitioner had kept their original documents with father of petitioner. It is contended that petitioner was regularly filing his returns and all assets of petitioner were shown in his Income Tax returns filed prior to the present FIR

(3.) It is contended that after submission of the negative report in June, 2016, the matter was kept pending by the Bureau and information was sought from the Investigating Officer. The second Investigating Officer on 18/12/2019 submitted his report, wherein he mentioned that the income of the petitioner is more than the assets of the petitioner. Another query was then raised before the present Investigating Officer Mr. Madho Singh, Addl. S.P. A.C.B. who has also stated that the income of the petitioner is not more than his assets.