BATTI LAL MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant miscellaneous petition, challenge has been made to the very lodging of FIR No. 74/2017 registered at Police Station CPS ACB, Jaipur (Out post Kota) and all consequential proceedings including submission of charge-sheet, taking cognizance and framing of charges.

(2.) Learned counsel for the petitioner submits that prima facie, no offence under Sec. 8, 9 and 10 of the Prevention of Corruption Act, 1988 is made out against the petitioner and therefore, filing of charge-sheet against the petitioner under the above provisions is bad in law. He further submits that the offence under Ss. 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 is also not made out. He placed reliance on the judgment passed by Hon'ble the Supreme Court in the case of P. Satyanarayana Murthy v. District Inspector of Police, State of Andhra Pradesh and Anr. [(2015) 10 SCC 152] and referred the para 20 of the judgment and submits that in view of the judgment cited above, the proceedings against the petitioner are required to be quashed and set aside.

(3.) He further submits that the allegations leveled in the FIR and the material collected during the course of the investigation is nothing but a bundle of lies. The learned Judge, Special Court has failed to apply its mind before taking cognizance of the offence. It is also submitted that while framing the charges, the learned Trial Court has not acted in accordance with law as prima facie there was no material on the basis of which opinion can be formed that the accused should be put on trial.