Hemendra Kumar Trivedi vs State Of Rajasthan
2022 Latest Caselaw 2792 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 337/2022

Hemendra Kumar Trivedi S/o Champa Lal, Aged About 62 Years, Plot No. 42A, 9Th C Road, Sardarpura, Jodhpur.

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. J.S. Choudhary, Sr. Adv. assisted by Mr. Pradeep Choudhary For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

18/02/2022

This criminal misc. petition under Section 482 Cr.P.C. has

been preferred on behalf of the petitioner with a prayer for

quashing the FIR No.62/2018 of Police Station Anti Corruption

Bureau, Jaipur Outpost Jodhpur.

Learned counsel for the petitioner has submitted that in

relation to the complaint filed before the Anti Corruption Bureau,

in another complaint preferred by the complainant before the

Forest Department, full-fledged departmental inquiry was

conducted and in that inquiry, the Forest Department has

concluded that there is no evidence of this effect that the

petitioner and other forest officials have embezzled any

Government money and they have only found that there is

negligence on the part of the petitioner and other forest officials.

Learned counsel for the petitioner has, therefore, submitted

that in view of the conclusion arrived at by the Forest Department

(2 of 2) [CRLMP-337/2022]

in the departmental proceedings, the impugned FIR is liable to be

quashed.

Learned Public Prosecutor has submitted the factual report

wherein, it is mentioned that the investigation into the impugned

FIR is going on.

Having heard learned counsel for the parties and after going

through the material available on record, I deem it appropriate to

dispose of this criminal misc. petition with liberty to the petitioner

to move appropriate representation before the Investigating

Officer, who is investigating into the impugned FIR along with

supportive evidence such as decision of the departmental

proceedings.

If any such representation is filed by the petitioner, the

Investigating Officer shall consider the same objectively while

drawing his final opinion.

Stay petition is also disposed of.

(VIJAY BISHNOI),J 7-Arun/-

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