1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Crl. Misc. Petition No.394/2010 (Bhagwan Singh Vs. State of Rajasthan) Date of Order : 09.03.2010 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.Rajendra Kumar Sharma, for the petitioner. Mr.Laxman Meena, PP. By the Court: By this criminal miscellaneous petition, a prayer has been made to set aside the FIR no.79/2009. It is a case where a trap was conducted by the Anti Corruption Bureau and petitioner was caught red handed receiving a sum of Rs.20,000/-. Learned counsel for the petitioner submits that main allegation was made against Brijendra Yadav, however, the charge sheet is going to be filed against the present petitioner alone leaving Brijendra Yadav. Looking to aforesaid, the FIR bearing no. 79/2009 registered with the Police Station Anti Corruption Bureau, Alwar may be quashed and set aside. I have heard learned counsel for the parties and perused the record of the case. Perusal of the record shows that allegation exists against Brijendra Yadav so as the present petitioner. The petitioner was caught red handed receiving Rs.20,000/- in the trap conducted by the 2 Anti Corruption Bureau. In view of aforesaid, the FIR was registered and perusal of it does not show that a case against the petitioner is not made out. In view of the above, there is no ground to interfere in the matter. The law is settled in this regard, the FIR can be quashed only when a case is not made out from bare perusal of the FIR itself. The allegation that challan would not be filed against Brijendra Yadav, there is nothing on record to provide. Furthermore, mere submission of adverse FR is not the end of the proceedings. At this stage, it is not proved that challan is not going to be filed against Brijendra Yadav, thus without there being a proof, the plea cannot be accepted and otherwise also, it makes not effect on the FIR . Looking to aforesaid, I do not find any ground to set aside the FIR bearing No.79/2009, accordingly, the criminal miscellaneous petition is dismissed. (M.N. BHANDARI),J. Preety Item NO.6