INDERJEET MEWARA Vs. STATE OF RAJ

JUDGEMENT

(1.) THE petitioner, Inderjeet Mewara, has prayed for quashing of the FIR No.140/09, registered at Police Station Vijay Nagar, Ajmer for offences under Sections 420, 467, 468, 471 IPC and for quashing the order dated 23.2.2011 passed by the Civil Judge (JD) & Judicial Magistrate, First Class, Vijay Nagar, Ajmer whereby the learned Magistrate has returned the negative Final Report submitted by the police and has further directed for re -investigation in the case.

(2.) THE brief facts of the case are that the Executive Officer, Vijay Nagar Municipality, lodged a report against the petitioner for having tempered with the government record while he was the Chairman of Vijay Nagar Municipality. The allegation against the petitioner was that on 3.5.2007, an auction was held with regard to Plot Nos.13 to 22 belonging to Satyam Commercial Complex Yojna, Vijay Nagar. It was alleged that in order to benefit certain private parties, the Chairman and others entered into a criminal conspiracy. In pursuance of the said conspiracy, the record of the Municipality was tampered with. It was further alleged that wrongful loss was caused to the Municipality and wrongful gain was caused to the private persons. On the basis of the said report, the Police Station Vijay Nagar, Ajmer chalked out a formal FIR, namely FIR No.140/09 for aforesaid offences and investigation commenced. Initially, a chargesheet was filed against two persons, namely Shiv Prakash Ojha and Bhairulal for offences under Sections 420, 467, 468, 471 IPC; the investigation was kept pending against the present petitioner and others. However, subsequently, the investigation was transferred from the police to the CID(CB). The Addl.SP, CID(CB) continued the investigation against the petitioner and others. Eventually, he submitted a negative Final Report. Since the complainants, Brijesh Tiwari and the respondent No.2, the Executive Officer of the Municipality, were aggrieved by submission of the negative Final Report, they filed an application before the learned Magistrate requesting that the case be sent for further investigation. For, according to them, the CID(CB) had carried out an unfair and a partial investigation. According to them, the CID(CB) was unnecessarily favouring the petitioner who happened to be the former Chairman of the Municipality. After hearing the Public Prosecutor and the complainants, by order dated 23.2.2011, the learned Magistrate returned the negative Final Report to the investigating agency and directed them to re -investigate the case. Hence, this petition before this court.

(3.) HEARD the learned counsel for the petitioner and perused the impugned order as well as the FIR. Admittedly, the petitioner happens to be a former Chairman of Vijay Nagar Municipality. The allegation against him and others in the FIR is that they have caused loss to the public exchequer and have committed forgery in the government records. Thus, obviously, the allegations are serious in nature. In fact these allegations become more grave in nature as they concern a public figure and a public officer in his capacity as the Chairman of the Municipality at the relevant time. If the allegations are true, and at present they must be taken as uncontroverted facts, then the allegations point towards corruption of the office of the Chairman. It is, indeed, trite to state that corruption has become epidemic in this country which is eating and corroding the vitals of this country. Therefore, the investigation into charges of corruption has to be carried out thoroughly, without fear and favour, by the investigating agencies. In carrying out such an investigation, the investigating agencies are expected to leave no stone unturned. They are further expected to book the alleged culprits and to ensure that they stand trial. After all, the Rule of Law and democracy need to be protected from those who are bent upon undermining both the Rule of Law and democracy in this country.