MANOJ KUMAR Vs. STATE OF RAJASTHAN AND ORS

JUDGEMENT

(1.) Petitioner, a Patwari belonging to Scheduled Caste, has preferred this writ petition with the prayer to quash FIR No.129 dated 31 st of March 2014 of Anti Corruption Bureau Outpost, Hanumangarh.

(2.) In the aforesaid FIR, offences under Section 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (for short, 'Act of 1988') are attributed to the petitioner. In the FIR, complainant Ramswaroop has alleged that when he approached the petitioner for making necessary entries in the revenue record and for issuance of Jamabandi in respect of an agricultural land owned by his father Birbal Ram, petitioner demanded illegal gratification of Rs.5,000/-. The allegations in the FIR were also prima facie corroborated from the recorded conversation of complainant and the petitioner. When the trap was organized after accepting the amount of bribe by the petitioner, the petitioner, apprehending that he is likely to be apprehended by the ACB sleuths, threw away the amount of bribe and eloped from the site.

(3.) Learned Senior Advocate, Mr. Anand Purohit, has argued that the entire complaint is based on false and fabricated facts and the complaint has been maliciously designed to harass the petitioner, who belongs to Scheduled Caste, and therefore, the FIR is liable to be quashed. Mr. Purohit has submitted that prima facie the FIR is not disclosing any offence against the petitioner and no work was pending with him, and therefore, extraordinary jurisdiction is to be exercised for quashing of FIR.