Himmat Singh Kaviya vs State Of Rajasthan
2025 Latest Caselaw 4334 Raj

Rajasthan High Court - Jodhpur

Himmat Singh Kaviya vs State Of Rajasthan on 6 August, 2025

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 4420/2025

Himmat Singh Kaviya S/o Late Shakti Dan Kaviya, Aged About
54 Years, Resident Of G A D Colony, Barmer Road, Jaisalmer
(Raj.) Presently Posted As Assistant Director, Department Of
Child Empowerment, Jaisalmer, Rajasthan
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Ankur Mathur
For Respondent(s)        :     Mr. N.S. Chandawat, PP



        HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

06/08/2025

1. By way of filing the present criminal misc. petition under

Section 528 BNSS, the petitioner has challenged the FIR No.

177/2023 lodged against him at Police Station C.P.S. Jaipur, A.C.B.

District Baermer for the offence under Section 13(1)(a), 13(2) of

Prevention of Corruption Act, 1988 and Section 409, 420, 467,

468, 471, 477A and 120B of the IPC.

2. Learned counsel for the petitioner submitted that in the present

case, admittedly, the very attempt to arrest the petitioner on spot

on the charge of accepting the bribe (which has failed) may or

may not be illegal but the proceedings thereafter, further

investigation and lodging of the FIR against the petitioner without

the approval of the competent authority is void ab initio as

provisions of Section 17-A of the Act of 1988 would create a bar

on the investigating officer to proceed further in the matter

(2 of 2) [CRLMP-4420/2025]

without prior approved from the Director of the anti-Corruption

Bureau (ACB).

3. In support of this argument, learned counsel has placed

reliance on a judgment rendered by a co-ordinate Bench of this

Court in the case of "Himanshu Yadav Vs. State of Rajasthan &

Ors." in S.B. Civil Writ Petition No.17545/2021 decided on

19.01.2022.

4. The matter requires consideration.

5. Issue notice to the respondent.

6. Learned Public Prosecutor accepts notice on behalf of

respondent No.1- State. Service of notice upon respondent - State

is, therefore, complete.

7. List the matter on 18.08.2025.

8. In the meanwhile, neither the petitioner shall be arrested in

connection with FIR No. 177/2023 lodged against him at Police

Station C.P.S. Jaipur, A.C.B. District nor shall charge-sheet be filed

in relation to the said FIR.

(MUKESH RAJPUROHIT),J 67-Hanuman/-

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