MAHESHDAN S/O BHERUDAN JI, BY CASTE CHARAN, R/O 3 TILAK NAGAR II, BHADWASIA, JODHPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-petitioner, Maheshdan, in this criminal revision petition under Section 397 read with Section 401 Cr.P.C. has assailed impugned order dated 7th of October 2013 passed by Special Judge, Anti Corruption Cases, Udaipur (for short, 'learned Court below'), pertaining to FIR No.209/11 (FR No.41/12) of Anti Corruption Bureau Outpost, Udaipur, whereby learned Court below has sent the matter for reinvestigation.

(2.) Facts, in brief, giving rise to this revision petition are that on 13th of March 2011 one Ali Koshar submitted a complaint before Addl. Superintendent of Police, Anti Corruption Bureau, Udaipur alleging therein that he purchased a shop on Chetak Marg, Udaipur and in connection with registration of its sale deed when contacted concerned clerk Mahesh in the office of Sub Registrar, he demanded bribe of Rs.5,000/- for handing it over to his higher officer. The officials of Anti Corruption Bureau, on receiving the said complaint, confirmed it and after its verification conducted trap proceedings calling independent witnesses at the scheduled time and place, but, on the appointed day and time, the complainant did not handover bribe money to the concerned Clerk, accused-petitioner herein, and moved an application for withdrawing his complaint, therefore, the trap proceedings, as slated could not materialized and failed. However, an FIR was registered by the Anti Corruption Officials bearing No.209/11 and investigation commenced. Later on, after completion of investigation in the matter, negative Final Report No.41/12 was submitted by Anti Corruption Bureau before learned Court below which in turn sent a notice to the complainant but he did not appear despite service. The learned Court below did not accept the negative final report filed by Anti Corruption Bureau and sent the matter back to the investigating agency for re-investigation by its order dated 7th of October 2013 against which the present revision petition is filed by the accused-petitioner on 5.10.2013.

(3.) At the very inception, on 29th of October, 2013, when the revision petition came up on board, this Court stayed impugned order dated 7th of October 2013 passed by learned Court below taking into consideration the submission of learned Senior Counsel appearing for the petitioner that the learned Court below had no power to send back the matter to investigating agency for re-investigation in the matter.