LAWS(RAJ)-2016-9-197

RAM NIWAS PANGA Vs. STATE OF RAJASTHAN

Decided On September 27, 2016
Ram Niwas Panga Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Invoking inherent jurisdiction of this Court enshrined under Section 482 Cr.P.C., in all these petitions, accused persons and the complainant have sought redressal of their afflictions with choicest reliefs. While in petitions No.1280/2016, 1281/2016, 1282/2016, 1283/2016, 1284/2016, 1285/2016, 1286/2016, 1287/2016, 1288/2016, 1289/2016, 1290/2016, 1291/2016, 1292/2016, the accusedpetitioners have craved for quashment of FIRs and further proceedings, the remaining petitions No. 950/2016, 951/2016, 1234/2016, 1624/2016, 1724/2016, 1725/2016, 1726/2016, 1727/2016, at the behest of complainant, in juxtaposition to the petitions of accused persons, a direction is sought against the investigating agency to conduct fair, impartial and expeditious investigation into the FIRs.

(2.) The bone of contention, in all the FIRs, is precisely founded on implementation of schemes floated under Mahatama Gandhi National Rural Employment Guarantee Act 2005 (for short, 'Act'), by those incumbents who are in helm of affairs at various levels under the Panchayati Raj institutions.

(3.) In all the petitions filed at the behest of accused persons, while impugning FIRs, the petitioners have castigated the complainant for persecuting them without any rhyme or reason. It is averred that the complainant is involved in a witch hunt and all these FIRs are designed to harass them, which is a glaring example of abuse of the process of the Court. It is also submitted that the complainant, by claiming himself to be a whistle blower, has laid complaints against the petitioners before many authorities but nothing has turned out of all these complaints. Thus, in substance, challenge laid to the impugned FIRs is on the anvil that none of these FIRs are disclosing commission of cognizable offence and instead all are oppressive actuated with malice causing hurdles in implementation of various schemes floated under the Act. It is further pointed out that one FIR bearing No.354 of 2014 dated 8th of October 2014 filed by the complainant is pending investigation before Anti Corruption Bureau, CPS, Jaipur, wherein identical allegations are there and preliminary inquiry has already been conducted.