RAJENDER SINGH SOLANKI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have preferred separate misc.petitions for quashing of FIR Nos.108/2016, 109/2016, 110/2016 and 111/2016 lodged at Police Station, CPS ACB, Jaipur for offences under Sections 13(1)(C)(D) & 13(2) of the Prevention of Corruption Act and Sections 193, 420, 409 and 120B IPC. As the offences alleged in all the FIRs relate to the Jodhpur Development Authority (hereinafter referred to as 'the JDA'), its Chairman and officers, the present misc.petitions were heard together and are being disposed by this common order.

(2.) It is contended by counsel for petitioner-Rajendra Singh Solanki that petitioner-Rajendra Singh Solanki was the Chairman of the JDA. He has been roped in the FIR due to political rivalry. It is also contended that the powers of the Chairman are given under the Jodhpur Development Authority Act, 2009 (hereinafter referred to as 'the Act/JDA Act') and the petitioner has not flouted any of the powers assigned to him under the Act.

(3.) It is further contended by counsel for the petitioner that the JDA is an autonomous body and is free to decide as to where the development is to be made in accordance with the need of the society. It is also contended that the JDA is competent to transfer any fund from one project to another, as per the requirement. It is further contended that all actions have been done in pursuance of the Board Resolutions and the allegation in the FIR that the Resolutions were added after the Board Meeting is not correct. On this point, it is urged that the minutes of the Board Meeting have been approved in the subsequent Board Meeting, and since the minutes have been approved, it is amply clear that the Resolutions were passed in the Board Meeting.