BHANWAR SINGH Vs. STATE

JUDGEMENT

(1.) SINCE both the misc. petitions under Section 482 Cr.P.C. have been filed by the petitioners for quashing the criminal proceedings in Sessions Case No. 12/1996- State of Rajasthan Vs. R.P. Yadav & Others, pending before the Special Judge (Prevention of Corruption Act), Jaipur, for the offence under Sections 420, 467, 468, 471, 120-B IPC and Section 13(1)(d)(2) of the Prevention of Corruption Act, 1988, therefore, the same have been heard together and are being decided by this common order.

(2.) THE facts of the case of R.P. Yadav Vs. State of Rajasthan are taken as leading case. Brief facts of the case are that while the petitioner at the relevant point of time was posted as Assistant Director, Directorate of Information and Public Relation, Jaipur, the audit of the office of the petitioner was conducted by the audit party of Accountant General, Rajasthan and the auditors found some irregularities in the payment of Rs. 2,76,620/- to various news papers for publishing display advertisement. During audit, the auditor prepared a para showing irregularities in payment to some of the news papers. On the basis of the audit report, the Rajasthan State Bureau of Investigation (for short 'the RSBI') registered FIR No. 123/1994 on 15.07.1994 for the offence under Sections 420, 467, 468, 472, 120-B IPC read with Section 13(1)(d)(2) of the Prevention of Corruption Act, 1988.