HARISH PATEL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petitions have been filed by the petitioners seeking quashing of the F.I.R. No.27/2004 lodged with the Anti Corruption Bureau, Udaipur/CPS ACB, Jaipur for the offences under Sections 13(1)(D)(2) of the Prevention of Corruption Act, 1988 and Sections 120B, 420, 467 and 471 IPC against the petitioners.

(2.) Succinctly stated the facts of the case are that an FIR was registered at the Police Station CPS, ACB, Jaipur on 9.2.2004 against R.K.Chatur, the then Executive Engineer, Mahi Pariyojana, Banswara and others for the offences under Sec. 13(1)(d)(2) of the P.C. Act and Sections 120B, 420, 467 and 471 IPC. The allegation as per the FIR was that for the construction of the Mahi Pariyojana Main Canal, the excavation work was done in the year 1995-96. It was alleged in the FIR that the firms, which participated in the blasting and digging of the stones were made the payments without accounting for the 30% useful stones, which were extracted in the blasting process. It was also alleged that without any justification, the payment was made to the contractors at the full rate as prescribed in the BSR. It was further alleged that excess payment towards the transportation of the sludge taken out during the excavation of the canal was made to the firms. Likewise, it was also alleged that for the underwater digging also, cuttings were made in the measurement book and excess payment was made to the firms. The FIR also mentioned that in the remodelling work of the main canal, the width of the worm was proposed as 2.5 meters and the work was divided in 5 parts and was allotted to 5 contractors at high rates. It was further alleged that for the purpose of giving advantage to the contractors, the width of the worm was increased to 5 meters from 2.5 meters without any justification in order to give benefit to the contractors. The allegation in the FIR was that for the execution of the said works, R.K. Chatur (the then Ex.En.), G.S. Ashudani (the then Ex.En.) under the Chief Engineer Mahi Pariyojana, Banswara, M.P. Singh (the then Ex.En.), C.B. Singh (the then Ex.En.), P.C. Tamrakar (the then Ex.En.), Mahesh Mathur (the then A.En.), Suresh Upadhyay (the then A.En.), N.P. Trivedi (the then A.En.), Shashidhar Nayar (the then A.En.), misused their respective official positions and caused wrongful benefit to the contractors K.K. Gupta, M/s. Hema Construction Company, M/s. Bharati Construction Company, M/s. Wagad Construction Company and thereby caused wrongful gain to the contractors and corresponding loss to the Government.

(3.) These instant misc. petitions have been filed by Harish Patel (SBCRLMP No.71/2010), Pramod Kumar Pathak, Prakash Tamrkar, Chandra Bhushan Singh and M.P. Singh (SBCRLMP No.29/2010) and Suresh Sanghvi (SBCRLMP No.30/2010) seeking quashing of the FIR and the ongoing investigation in the matter as amounting to an abuse of the process of Court.