SB Crlmp No.2044/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CRIMINAL MISC.PETITION NO.2044/2010. Ranvir Singh & Ors. Vs. State of Rajasthan Date of order : 1/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Praveen Jain for the petitioners. Shri Peeyush Kumar, Public Prosecutor for State. ****** This criminal misc.petition u/S.482 Cr.P.C. has been filed by the accused-petitioners for quashment of FIR No.207/2010 registered at Police Station Sarwar, District Ajmer for offence u/Ss.408, 409, 420, 467, 468 and 471 IPC. Accused- petitioners No.1 and 2 are brothers of accused- petitioner No.4 and accused-petitioner No.3 is their father. Learned counsel for petitioners has argued that all the payments were made to the workers under the NREGA Scheme through account of the respective persons therefore allegation in the FIR with regard to illegal withdrawal of the amount by accused-petitioner No.3 being Post Master in the Post Office on his own after opening the account and withdrawn the amount of workers received under the NREGA Scheme, is baseless. It is contended that in fact petitioners have been made scapegoat because of the old enmity between SB Crlmp No.2044/10. 2 the ex-Sarpanch Smt.Kamla Devi Jain and present Secretary of Gram Panchayat, Goyala, who have lodged false FIR against petitioners. Learned Public Prosecutor has opposed the petition and submitted that allegation against the petitioners is quite serious and that all of them except petitioners No.2 and 3 were allowed anticipatory bail and anticipatory bail application of petitioners No.2 and 3 was allowed to be withdrawn. They should surrender before the investigating agency rather than approaching this Court and submit the material before the investigating agency, who shall consider the same regardless the fact that Secretary himself is complainant in the present case. Upon hearing learned counsel for the parties, perusing the material available on record and considering the allegations in the FIR, I do not find that contents thereof fall within the parameters of guidelines laid down by the Hon'ble Supreme Court in State of Haryana Vs. Bhajan Lal : AIR 1992 SC 604 for quashing the FIR because if contents thereof are accepted in its entirety, it did not disclose any offence requiring quashment of FIR or its investigation. However, it goes without saying that if petitioners want to rely on some material, they should be at liberty to place the same before the investigating agency. Petitioners in this regard can also approach the Superintendent of Police concerned, who shall SB Crlmp No.2044/10. 3 ensure fair investigation in the matter. With these observations, this petition stands disposed of. (MOHAMMAD RAFIQ), J. anil SB Crlmp No.2044/10. 4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.STAY APPLICATION NO.1925/2010. IN S.B. CR.MISC.PETITION NO.2044/2010. Ranvir Singh & Ors. Vs. State of Rajasthan Date of order : 1/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Praveen Jain for the applicant-petitioners. Shri Peeyush Kumar, Public Prosecutor for State. ****** Consequent upon disposal of the main petition, this criminal misc.stay application does not survive and the same is accordingly rejected. (MOHAMMAD RAFIQ), J. anil