Rajasthan High Court - Jodhpur
Sumer Lal Sharma vs State Of Rajasthan on 20 April, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4218/2022
Sumer Lal Sharma S/o Ram Lal Sharma, Aged About 33 Years,
Gram Panchayat Sinli Jagir, Tehsil Pachpadra, District Barmer.
----Petitioner
Versus
1. State Of Rajasthan, Through Director, Local Self
Government Department, G-3, Rajmahal Residential Area,
C-Scheme, Jaipur-16 ([email protected])
2. The Additional Superintendent Of Police, Anti Corruption
Bureau, Jaipur.
----Respondents
For Petitioner(s) : Mr. Devendra Singh Rathore
For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
20/04/2022
This writ petition is filed by the petitioner with the following
reliefs :
"It is, therefore, humbly prayed that this Criminal Misc.
Petition may kindly be allowed with following prayers:
I. By Writ, Order or Direction Respondent may be directed
to Provide previous/ prosecution sanction;
II. By Writ, Order or Direction letter dated 08.07.2021
(Annx-05) may kindly be decided; &
III. Any other relief which this Hon'ble Court may think fit
may be granted in favour of the petitioner."
Learned counsel for the petitioner has submitted that the
petitioner has filed a complaint with the Anti Corruption Bureau,
Jaipur (for short 'the ACB') with respect to certain irregularities
(2 of 3) [CW-4218/2022]
carried out by some persons in the Municipal Board, Balotra,
however, the ACB it is not issuing prosecution sanction against the
alleged accused persons and on account of that, FIR could not be
registered against them. Learned counsel for the petitioner has,
therefore, prayed that the ACB may be directed to issue
prosecution sanction against the alleged accused persons pursuant
to the complaint filed by the petitioner before it.
It is noticed that the petitioner has earlier filed S.B. Criminal
Misc. Petition No.4513/2021 before this Court under Section 482
Cr.P.C. seeking registration of FIR and fair investigation in relation
to his complaint. The said misc. petition was disposed of with
liberty to the petitioner to approach the concerned court to inquire
about the investigation in the complaint filed by him before the
ACB.
Again, the petitioner has filed S.B. Criminal Misc(Pet.)
No.43/2022 under Section 482 Cr.P.C. against the order dated
09.11.2011 whereby, the Special Judge, Prevention of Corruption
Act No.1, Jodhpur (for short 'the trial court') has rejected the
application of the petitioner preferred under Section 156(3) Cr.P.C.
with a prayer to send his complaint for investigation. The aforesaid
misc. petition came to be disposed of by this Court vide order
dated 14.02.2022 while affirming the order dated 09.11.2021
passed by the trial court and while granting liberty to the
petitioner to agitate before the ACB for the reliefs.
It is also noticed that just after a month i.e. 15.03.2022, this
writ petition under Article 226 of the Constitution of India has
been filed by the petitioner claiming the reliefs as quoted above.
(3 of 3) [CW-4218/2022]
Learned counsel for the petitioner has failed to satisfy this
Court that after passing of the order dated 14.02.2022 in S.B.
Criminal Misc(Pet.) No.43/2022, as to when the petitioner has
approached the ACB while pressing his complaint.
Moreover, while exercising jurisdiction under Article 226 of
the Constitution of India this Court cannot give any direction to
the ACB to grant prosecution sanction as claimed by the petitioner
against the alleged accused persons or to direct the said
department to take decision on the complaint filed by the
petitioner within fixed time, when there is no such mandate either
in the provisions of Prevention of Corruption Act or any other law.
The conduct of the petitioner of filing successive petitions for
the same cause cannot be appreciated.
In view of the above, this writ petition is dismissed. Stay
petition is also dismissed.
(VIJAY BISHNOI),J
47-mohit/-
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