SANWARCHAND CHANDEL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner have filed this Criminal Misc. Petition under Section 482 Cr.P.C. with a prayer for quashing of F.I.R. No. 265/2000 dated 17.12.2000 lodged at Police Station, Charbhuja, District Rajsamand and for quashing of the trial pending against them before the Judicial Magistrate, Kumbhalgarh in Cr. Case No. 141/2013 (Old No. 7/2012), State of Rajasthan 7s, Ram Lal and Ors.

(2.) In the alternative, the petitioners have prayed for quashing of the criminal proceeding pending against them in connection with F.I.R. No. 387/2001 dated 31.10.2001 filed by Anti Corruption Department, Jaipur and the proceedings in connection with the said F.I.R. pending before the learned Special Judge, A.C.D. Cases, Udaipur.

(3.) The learned Counsel for the petitioners has contended that in connection with the incidents for which the F.I.R. No. 265/2000 was lodged against the petitioners at Police Station, Charbhuja, the police after investigation, filed charge-sheet against the petitioner, the Judicial Magistrate, Kumbhalgarh thereafter took cognizance and framed charges against them and the matter is pending trial. However, during the pendency of the trial, the Anti Corruption Department has lodged F.I.R. No. 387/2001 against the petitioner in connection with the same incidents and after concluding the investigation, is going to file charge-sheet against the petitioners and certain other persons in the Court of Special Judge A.C.D. Cases, Udaipur. It is, therefore, argued by the learned Counsel for the petitioners that for the same incidents, two Agencies of the State Government have launched parallel proceedings against the petitioners and the said action of the State Government is illegal, therefore, the proceedings pending against the petitioners in the Court of Judicial Magistrate, Kumbhalgarh in connection with F.I.R. No. 265/2000 may be quashed.