Rajasthan High Court - Jodhpur
K.K. Mathur vs State Of Rajasthan (2023/Rjjd/011901) on 25 April, 2023
Author: Farjand Ali
Bench: Farjand Ali
[2023/RJJD/011901]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1443/2022
K.K. Mathur S/o Shri Ganesh Vallabh Mathur, Aged About 65
Years, R/o 13 Karni Bagh High Court Colony Jodhpur Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Dy. Superintendent Of
Police, Police Chowki Acb, Barmer
2. Director General Of Police, Anti Corruption Bureau Raj.
Jaipur
----Respondents
For Petitioner(s) : Mr. Ankur Mathur
Mr. Vivek Mathur
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order 25/04/2023
1. Learned counsel for the petitioner submits that the name of the petitioner does not find place in the FIR lodged at the instance of Sub Divisional Officer, Pokharan. He had nothing to do with the alleged offence. The alleged commodity was procured by the Municipal Corporation, Jaisalmer from Municipal Corporation, Pokharan, as such the allegation of misappropriation falls to the ground on the sole count that no such commodity was actually procured. The substratum of the allegation would be that the commodity was supposed to be procured from Government recognized Firms but that was not done, however, the facts present on record depicts a different scene wherefrom it is appearing that the alleged (Downloaded on 26/04/2023 at 10:43:12 PM) [2023/RJJD/011901] (2 of 2) [CRLR-1443/2022] commodity was not directly procured by the Municipal Corporation, Jaisalmer but the same was made available by the Municipal Corporation, Pokharan, thus the allegation of not procuring bitumen from a government recognized firm does not survive.
2. Learned counsel for the petitioner further submits that there is no reasonable ground to presume that the petitioner was guilty of the offences and for that he should be forced to face the rigour of the trial.
3. Learned Public Prosecutor opposes the submission but do not refute the contention that the bitumen was procured by Municipality of Pokharan.
4. Heard.
5. The matter requires consideration.
6. Issue notice to the respondents. Learned Public Prosecutor accepts notice on behalf of the respondent No.1-State. Thus, issue notice to the respondent No.2 only.
7. Learned Public Prosecutor is directed to file reply.
8. In the meanwhile, further proceedings in Sessions Case No.15/2021 pending before the Court of Special Judge, Prevention of Corruption Act, No.1, Jodhpur shall remain stayed.
(FARJAND ALI),J 187-Ashutosh/-
(Downloaded on 26/04/2023 at 10:43:12 PM) Powered by TCPDF (www.tcpdf.org)