STATE OF RAJASTHAN THROUGH ADDL. DIRECTOR GENERAL, ANTI CORRUPTION BUREAU, GOVT, OF RAJASTHAN Vs. THE SPECIAL JUDGE, ACD CASES, AJMER AND OTHERS

JUDGEMENT

(1.) This criminal misc. petition has been filed by the State of Rajasthan through Addl. Director General, Anti Corruption Bureau, Govt, of Rajasthan, Jaipur against the order dated 18.11.2013 passed by Special Judge-Sessions Judge, ACD Cases, Ajmer directing the petitioner to be present in person to explain why FIR had not been registered and only a preliminary enquiry was registered in private complaint No.3 of 2013 Hari Ram Vs. Anil Kumar Vishnol and another . The State of Rajasthan In the said criminal misc. petition prayed that this Honourable Court may very graciously be pleased to accept and allow this misc. petition and may be further pleased to quash and set aside the order dated 18th Nov., 2013 passed by the Special Judge, ACD Cases Ajmer In private complaint No. 3/2013 and may further be pleased to direct the Court of ACD Cases not to Insist on registering an FIR unless a PE is registered and the findings of the PE require the registration of FIR.

(2.) The facts of this case are that one Hari Ram filed a complaint against the non-petitioners Anil Kumar Vishnol and Babu Lal Vishnol before the court of Special Judge, ACD Cases, Jodhpur on May 30,2012. The said complaint was registered as Private Complaint No. 3/2013. The Special Judge directed that the complaint be sent to Additional Superintendent of Police, Nagaur under section 156(3) Crimial P.C. for Investigation as per law and for submission of the findings to the court vide order dated June 27, 2012. The said complaint was received In the office of the Anti Corruption Bureau (ACB) from the Additional Superintendent of Police Nagaur. In compliance of the directions of the court, a preliminary enquiry No. 193 of 2012 was registered on Oct. 5, 2012. The Additional Superintendent of Police, ACB, Chowkl Nagaur Investigated the matter and the report was submitted In the court of Special Judge ACD Cases Jodhpur on Jan. 28, 2013, In the detailed report submitted on June 6, 2013 the allegations were found as baseless. On constitution of new courts, the aforesaid matter was transferred to the court of Special Judge, ACD Cases, Ajmer. The petitioner received a letter dated 18th Oct., 2013 from the Special Judges, ACD Cases Ajmer with regard to non- compliance of the directions of the court by the ACB Chowkl Nagaur. In the said letter following five points were mentioned :

(3.) . That in similar matter a revision petition was filed before the Honourable High Court at Jodhpur and the said revision petition No. 911/2012 was dismissed vide order dated 1.11.2012 and the petitioner was directed to appear before the court below at Bikaner. The petitioner appeared before the Special Judge, ACD Cases, Bikaner on Nov. 17, 2012. The Special Judge ACD Cases was satisfied with the response and held that before registering an FIR, PE was permissible. The extract of the order dated 17.11.2012 passed by the Special Judge, ACD Cases, Bikaner reads as under: