DHARAM PAL SINGH Vs. STATE OF RAJASTHAN,

JUDGEMENT

(1.) These are three clubbed S.B. Criminal Misc. Petitions preferred respectively by petitioner/s Dharampal Singh, Brij Kishore Gupta and Manoj Kumar Gupta with a prayer to quash FIR No.179/2009 dated 21.07.2009 registered for the offence punishable under Section 13(1)(c)(d)(ii) of the Prevention of Corruption Act read with Sections 420 and 120B of IPC with Police Station Anti Corruption Department, Jaipur Rajasthan.

(2.) Petitioner/s have questioned and assailed validity of FIR No.179/2009 with contentions that property in question was a heritage/protected government property notwithstanding accused Dharampal Singh acting contrary to law and to cause harm to the complainant State, being Sub-Registrar, Amer, in collusion with vendors and vendees and others, registered a deed of conveyance on 14.02.2007 vide conveyance deed No.2007064000721. Bhikha Lal, Director of archaeological Department under criminal league with Sub-Registrar Dharampal Singh helped alienate government heritage property through Bhattacharya family favouring M/s Heritage City Construction Private Limited, Sanganer through authorized signatory/vendee Brij Kishore Gupta and Manoj Kumar Gupta.

(3.) It evinces from perusal of FIR impugned, 179/2009 dated 21.07.2009 that on the basis of News inserted in Jaipur's Newspaper of January 2008, a "primary enquiry" No.30/2009 was registered in respect of News item, which was carried out by Shri Anil Sharma, Inspector of Police ACD, Jaipur and the Enquiry Officer, after conducting "preliminary enquiry", prima facie found commission of offence punishable under Section 13(1)(c)(d) (ii) of the Prevention of Corruption Act read with Sections 420 and 120B of IPC and submitted for lodging of FIR to SHO Police Station ACD, Jaipur, as such impugned FIR No.179/2009 came into being and it was entered in general diary vide report No.587 at 10:00 AM.