The Rajasthan High Court has quashed criminal proceedings against a businessman, a retired IAS official and others in a case of leasing land near the Jal Mahal Lake.
Justice S P Sharma granted the relief to businessman Navrattan Kothari, retired IAS officer Vinod Zutshi, RAS officer Hridesh Kumar and the then managing director of Rajasthan Tourism Development Corporation Rakesh Saini.
The high court said the officers, who have been posted for certain period alone in the project, could not be subjected to criminal process, and the offences under Section 420 for cheating and Sections 409 (Criminal breach of trust) and 120B (criminal conspiracy) of the Indian Penal Code are not made out against the petitioners.
The lower court had ordered initiation of criminal proceedings against the petitioners on the complainant filed by one Bhagwat Gaur alleging illegalities in the tender process which was challenged in the high court.
"The ingredients of the said offences are totally absent once there is a seal of approval of the entire project, which was initiated from 2001, as noticed by the Supreme Court. The petitioners Vinod Zutshi, Rakesh Saini and Hridesh Kumar Sharma have only joined subsequently in 2004 after the letter of intent was already issued," the high court said.
It said that so far as Kothari is concerned, merely because he has participated in the global tender and the project was awarded to his firm, KGK Enterprises, it cannot be said that he has committed any act within the definition of Offence under Section 420, 406 or 120B IPC.
Moreover, the Supreme Court has even upheld awarding of the contract and has further directed the Project to continue, it said.
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"The stand taken by the Additional Advocate General and Public Prosecutor is appreciated. Unnecessary criminal proceedings ought not be allowed to continue. Keeping in view above, the order of taking cognizance impugned herein dated September 9, 2011 passed by the Additional Civil Judge (Sr Div) and Additional Chief Judicial Magistrate No.4, Jaipur City, Jaipur is quashed and set aside and the subsequent criminal proceedings initiated pursuant thereto are also quashed and set aside," the high court said.
It further said that the order passed by the Additional Sessions Judge No.5, Jaipur Metropolitan, Jaipur in Criminal Revisions filed by the petitioners -- Zutshi, Sharma and Kothari is also quashed and set aside.
The petitioners had contended before the high court that the proceedings cannot continue in view of the judgment passed by the Supreme Court in Jal Mahal Resort in which it allowed the project.
The high court had on May 17, 2012 cancelled the 99-year lease for 100 acre land with historical Jal Mahal on it within the 16th century Man Sagar Lake given by the State government to the firm Jal Mahal Resorts Pvt Ltd.
The public land adjoining Man Sagar Lake was handed over on lease for 99 years by Rajasthan Tourism Development Corporation (RTDC) to the firm for developing tourist facilities around the lake.
The Supreme Court later gave its nod to the Jal Mahal tourism development project near Jaipur's Mansagar lake with certain modifications.
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