This special appeal challenged the dismissal of a writ petition seeking quashing of an FIR. The Court held that with prosecution sanction already granted, the FIR should not be interfered with at this stage, dismissing the appeal but granting bail on surrender.
Appeal dismissed; direction to trial court to consider appellant's bail application upon surrender.
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D.B. CIVIL SPECIAL APPEAL (W) NO.942/2013
Rikhab Chand
Vs.
State of Rajasthan & Ors.
DATE OF ORDER :: 05.2.2015
HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR
Mr. JP Joshi, for the appellant Mr. Abhimanyu Rathore on behalf of Mr. Sandeep Shah, for the respondent (s)
To question correctness of the judgment dated 18.9.2013 passed by learned Single Bench in S.B. Civil Writ Petition No.3321/2001, this appeal is preferred.
The learned Single Bench while dismissing the petition for writ arrived at the conclusion that no reason exists to quash the First Information Report filed against the petitioner for the offence punishable under Sections 13(1)(d), 13(2) of Prevention of Corruption Act, 1988 read with Section 120-B I.P.C. at Central Police Station, Anti-Corruption Bureau, Jaipur.
From perusal of record, it reveals that necessary prosecution sanction as required under Section 19 of the Act of 1988 has already been granted by the authority competent to remove the petitioner from service. Looking to this fact, we are of the considered opinion that this Court is not required to interfere with the contents of FIR and to examine the same by exercising powers of judicial review. The appellant can very well agitate his cause
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before the learned Special Judge, Prevention of Corruption Act, Bhilwara at the time of framing of charges against him. In view of it, we do find any just reason to interfere with the order passed by the learned Single Bench.
The appeal is dismissed.
Looking to all facts of the case, we deem it appropriate to direct the trial court to consider application of the appellant seeking enlargement on bail on the day he prefers the same by surrendering himself before the Court.
[JAISHREE THAKUR], J. [GOVIND MATHUR], J.
Sanjay
2 issues framed by the court
Whether the High Court should interfere with the FIR under Section 482 CrPC when prosecution sanction is already granted under Section 19 of the Prevention of Corruption Act.
Whether there is any just reason to interfere with the order dismissing the writ petition for quashing the FIR.
2 provisions across 1 enactments
Rikhab Chand
State of Rajasthan
Govind Mathur
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
