DR. PRAVEEN GOYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this revision petition aggrieved by order dated 05.02.2018 passed by the Special Judge, Anti Corruption Cases, Kota, whereby the Court has taken cognizance against the petitioner under Sec. 7, 13(1)(d) R/W Sec. 13(2) of the Anti Corruption Act.

(2.) It is contended by counsel for the petitioner that the police submitted a negative final report. The Court below issued a notice to the complainant. The complainant moved a protest petition. The Court below did not pass any order on the protest petition and on its own motion took cognizance against the petitioner and has directed the police to submit the charge-sheet. It is contended that the procedure adopted by the Court below is not in conformity with the provisions of the Code of Criminal Procedure.

(3.) As per section 190 of Crimial P.C., 1973 a Magistrate can take cognizance upon receiving a complaint of facts which constitute such offence or upon a police report of such facts or upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.