State Of Rajasthan vs Panna Lal on 13 April, 2026

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    Supreme Court – Daily Orders

    State Of Rajasthan vs Panna Lal on 13 April, 2026

                                               IN THE SUPREME COURT OF INDIA
                                              CRIMINAL APPELLATE JURISDICTION
    
                                          CRIMINAL APPEAL NO.           /2026
                                       [ARISING OUT OF SLP (CRL.) NO.15062/2023]
    
    
                             STATE OF RAJASTHAN & ANR.                                  APPELLANT(S)
    
    
                                                                VERSUS
    
    
                             PANNA LAL                                                  RESPONDENT(S)
    
    
                                                              O R D E R
    

    1. Leave granted.

    2. Heard learned counsel for the parties.

    SPONSORED

    3. This appeal arises from an order dated 26.05.2023

    passed by the High Court for Rajasthan, Bench at

    Jaipur, in SB Criminal Miscellaneous (Petition)

    No.1842/2023, whereby the High Court quashed First

    Information Report (FIR) No.116/2021, dated 09.04.2021,

    registered with PS Bundi, Headquarter, Anti-Corruption

    Bureau (ACB), Jaipur, on the ground that it is a second

    FIR on same set of allegations in respect of which FIR

    No.404/2019 has already been registered.

    4. FIR No.404/2019, dated 27.12.1999, registered

    against the first respondent, a public servant, inter
    Signature Not Verified

    Digitally signed by
    alia, alleges that bribe of Rs. 2 lacs, which was later
    KAVITA PAHUJA
    Date: 2026.04.15
    17:33:33 IST
    Reason:

    1
    reduced to Rs. 1 lac, was demanded by the first

    respondent to release security money and F.D.R. The FIR

    goes on to narrate that a trap was laid, and

    Rs.1,00,000/- was recovered. It was registered under

    Section 7 of the Prevention of Corruption Act, 1988.

    Investigation thereupon resulted in a charge sheet

    No.46/2020 dated 19.02.2020.

    5. FIR No.116/2021, dated 09.04.2021, registered

    against the first respondent inter alia alleges that

    during raid/ search of first respondent’s house, cash

    amounting to Rs.16,84,785 and many documents pertaining

    to policies, bank accounts in the name of accused and

    his family members were recovered. FIR recites, that

    after enquiry it was found that in the check period

    (i.e. 1993 to 2019) the savings of the first respondent

    could have been Rs.31,07,080/- whereas the first

    respondent acquired properties worth Rs.11,32,62,563/-

    in the name of his wife, father, brother, son, sister-

    in-law and other close relatives. Based on that, it was

    alleged that first respondent in the check period had

    acquired assets to the tune of Rs.11,01,55,483/-

    disproportionate to his known source of income. Thus,

    by alleging that the first respondent had misused his

    position in the State service and acquired assets

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    disproportionate to his known sources of his legitimate

    income, FIR No. 116/2021 was lodged under Section 13

    (1) (b)/ 13 (2) of the Prevention of Corruption Act,

    1988.

    6. Impugning FIR No.116/2021, the respondent

    submitted before the High Court that as

    disproportionate assets were found during the

    investigation of the first FIR, second FIR could not

    have been registered. This argument found favour with

    the High Court and, consequently, FIR No.116/2021 was

    quashed. The High Court relied on a coordinate Bench

    decision of the High Court which, in turn, relied on

    this Court’s decision in T.T. Antony v. State of

    Kerala, (2001) 6 SCC 181. Besides, High Court cited

    Section 219 of the Code of Criminal Procedure, 1973

    (for short, CrPC) to observe that since charges

    levelled in the impugned FIR were definitely committed

    within a period of one year, therefore they may be

    tried, in the event of filing of charge-sheet by the

    police, along with the charges of the first FIR.

    7. In our view, High Court committed a grave mistake

    in quashing FIR No.116/2021. No doubt, T.T. Antony

    (supra) proscribes a second FIR for the same offence.

    But here the offence is neither same nor committed

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    simultaneously or in one transaction. FIR No.404/2019

    deals with an offence punishable under Section 7 of

    P.C. Act relating to demand and acceptance of Rs.1 lac

    as bribe whereas FIR No.116/2021 relates to possessing

    assets disproportionate to the known source of income,

    during the check period 1993 to 2019, amounting to over

    Rs.11 crores. As the two offences are distinct and

    separate and relate to different periods, there was no

    occasion for the High Court to quash FIR No.116/2021.

    8. Consequently, the appeal is allowed. The impugned

    order of the High Court is set aside. The FIR

    No.116/2021 shall be restored on the file of the police

    station concerned and shall be investigated in

    accordance with law.

    9. Pending application(s), if any, shall stand

    disposed of.

    ……………………………………………………………………………J
    [MANOJ MISRA]

    ………………………………………………………………………………J
    [MANMOHAN]
    New Delhi
    April 13, 2026

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    ITEM NO.48 COURT NO.14 SECTION II-D

    S U P R E M E C O U R T O F I N D I A
    RECORD OF PROCEEDINGS

    Petition for Special Leave to Appeal (Crl.)
    No.15062/2023

    [Arising out of impugned final judgment and order dated
    26-05-2023 in SBCRLMP No. 1842/2023 passed by the High
    Court of Judicature for Rajasthan at Jaipur]

    STATE OF RAJASTHAN & ANR. Petitioner(s)

    VERSUS

    PANNA LAL Respondent(s)

    IA No. 233045/2023 – EXEMPTION FROM FILING C/C OF THE
    IMPUGNED JUDGMENT, IA No. 233053/2023 – EXEMPTION FROM
    FILING O.T.

    Date : 13-04-2026 This matter was called on for hearing
    today.

    CORAM : HON’BLE MR. JUSTICE MANOJ MISRA
    HON’BLE MR. JUSTICE MANMOHAN

    For Petitioner(s) : Mr. Padmesh Mishra, Adv.

    Mr. S. Udaya Kumar Sagar, Adv.

    Mr. Anand Shankar, AOR

    For Respondent(s) :Mr. Abhishek Gautam, AOR
    Mr. Shubham Soni, Adv.

    Ms. Suruchi Mittal, Adv.

    UPON hearing the counsel the Court made the following
    O R D E R

    1. Leave granted.

    2. The appeal is allowed in terms of the signed order

    which is placed on the file.

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    3. Pending application(s), if any, shall stand

    disposed of.

      (KAVITA PAHUJA)                       (SAPNA BANSAL)
    ASTT. REGISTRAR-cum-PS                COURT MASTER (NSH)
    
    
    
    
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