RAHUL YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this misc. petition seeking quashing of the Criminal Case No.44/2016, "State Vs. Mohinder Kumar and Ors." in the Prevention of Corruption Act No.2, Jaipur.

(2.) The factual matrix of the case are that petitioner joined the Rajasthan Flying School and completed his course in March, 2007. He was appointed in Air India in November, 2007, subsequently, F.I.R. was lodged by Dr. Bhupinder Singh Yadav on 22.09.2010 to the effect that the petitioner has not flown the aircraft for two hundred hours and in collusion with the Chief Flying Instructor submitted wrong proof regarding flying for two hundred hours. Flying fees of Rs.51,000/- was not deposited with the State, thereby, causing loss of the exchequer. Dr. Bhupinder Singh Yadav himself investigated the case and submitted charge-sheet.

(3.) It is contended by counsel for the petitioner that Dr. Bhupinder Singh Yadav lodged as many as twenty F.I.R. against twenty students who had taken certificate from the Rajasthan Flying School. Twelve of the cases were assigned to different Investigating Officer who submitted negative final report and the cases against twelve students were dropped. It is argued that an informant cannot be Investigating Officer and the fact that in twelve cases negative final report has been submitted points out towards the investigation not being carried out properly by the Investigating Officer who himself was the informant.