SHRAVAN KUMAR Vs. STATE OF RAJASHTHAN

JUDGEMENT

(1.) THIS Criminal Misc. Petition under Section 482, Cr. P. C. has been filed, primarily, for quashing the First Information Report No. 38/1993 lodged before rajasthan State Investigation Bureau, jaipur on 5-3-1993. The petitioner has also prayed to declare all actions for initiation, sanction and continuance of prosecution of the petitioner in the matter relating to the said First Information Report as mala fide, illegal, unconstitutional and void ab initio.

(2.) BROADLY speaking, the facts of the case are that the petitioner was posted as Junior engineer, Irrigation Circle, Hanumangarh. Thereafter, he was transferred to Sidhmukh project Circle, Bhadra vide order dated 14-8-1992. However, the said order was cancelled on 31-8-1992 and accordingly, the petitioner joined his duty on 1-9-1992 in the office of Assistant Engineer, Pilibanga Section. The petitioner is said to have found certain unauthorized pipe outlets. The Assistant Engineer, Pilibanga had asked the petitioner on 4-9-1992 to remove the said pipe outlets but the cultivators had opposed the removal of the same. The petitioner was then sent for training to jaipur on 5-9-1992 and he returned to Pilibanga on 15-9-1992. Thereafter, the petitioner reported to XEN hanumangarh on 26-9-1992. On 26-9-1992, the petitioner was directed to report to AEN, Pilibanga.

(3.) MEANWHILE, on 25-9 1992 after receiving the information, the Deputy Superintendent of Police visited the site and found unauthorised pipe outlets. Thereafter, the investigation was made and the relevant record was seized. The police also obtained affidavits from the cultivators. The instant fir came to be registered on 5-3-1993 against the petitioner and four others, for offence under Section 13 (l) (d) (2) of the prevention of Corruption Act and also for the offence under Section 120-B of the I. P. C.