MANOJ BISHNOI v. UNION OF INDIA AND ANR

Order 26/05/2017 Matter came upon I.A. No. 11530/2017 for impleadment of Union of India through CBI as respondent no.

1 in place of State of Rajasthan. Considering the facts mentioned in the application and arguments advanced by Learned Senior Counsel Mr. RN Mathur, the application is allowed and Union of India through CBI is impleaded as array of respondent no. 1 in place of respondent no. 1 State of Rajasthan. Amended cause title has already been filed which is taken on record. Heard. Mr. RN Mathur Learned Senior Counsel assisted by Ms. Sheetal Mirdha submits that from the perusal of FIR, it (2 of 3) [CRLMP-2745/2017] reveals that neither there is demand of bribe nor allegation regarding giving bribe, the allegation is that petitioner submitted false experience certificate only, therefore there is no allegation regarding offence punishable under Section 13(2) read with 13(1)(d) of Prevention of Corruption Act still Learned Special Judge, CBI No. 1, Jaipur passed impugned order dated 28.03.2017 and returned the charge sheet to CBI for further investigation observing that :- In the considered opinion of this Court without assigning reasons for exonerating somebody found involved in flouting the departmental rules while granting tender to one of the tenderers, the action of Investigating Agency cannot be accepted by the Court of law, more so when FIR was also lodged against public servants of Hindustan Steel Works Construction Ltd., by invoking Section 13(2) read with Section 13(1) of the Prevention of Corruption Act, 1988. He submits that the charge sheet was also wrongly filed before Learned Special Judge, CBI No. 1, Jaipur as no offence was found after investigation of the Prevention of Corruption Act, the matter is triable by SCJM (SPE) cases, Jaipur, therefore the impugned order and charge sheet may (3 of 3) [CRLMP-2745/2017] be quashed. Heard. Issue notice to respondent no. 1- CBI. Mr. Ashwani Kumar Sharma, Learned Special PP, CBI accepts notice on behalf of respondent no. 1. He wants time to complete his instructions. Time prayed for is allowed. List again on 03.08.2017. Till then, the operation of impugned order dated 28.03.2017 shall remain stayed to the extent of returning of charge sheet and further investigation. (BANWARI LAL SHARMA)J. Charu 117