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Issues involved:
The judgment involves the quashing of a complaint filed under Section 482 of the Code of Criminal Procedure by the High Court, regarding the demand for illegal gratification by a government hospital employee for performing a medical operation. Details of the Judgment: Issue 1: Quashing of the complaint under Section 482 of the Code The State of Rajasthan appealed against the High Court's decision to quash the complaint filed by a complainant alleging that the respondent demanded illegal gratification for a medical operation. The High Court's decision was challenged on the grounds that the FIR and collected material established a strong case against the respondent. The respondent argued that the complaint was false and that the prosecution case lacked support from the alleged victim and her husband. However, the Supreme Court found that the statements and affidavits did not conclusively disprove the complainant's allegations. The Court noted that the evidence, including taped conversations and the successful trap operation, supported the complainant's case. The Court emphasized that at this stage, the evidence should be tested during trial and that the FIR should not be quashed based on the affidavits submitted by witnesses during investigation or court proceedings. Issue 2: Consideration of the respondent's retirement and investigation period The respondent's argument that he was on the verge of retirement and had undergone investigation since 2007 was not considered as a valid reason to quash the FIR. The Court highlighted the prevalence of corruption and the importance of not showing mercy in serious cases involving illegal gratification. The Court emphasized that continuing the proceedings was essential to prevent abuse of the legal process and to uphold the rule of law. Conclusion: The Supreme Court set aside the High Court's decision to quash the complaint, stating that all observations made were prima facie and that the matter should be dealt with strictly on merits and in accordance with the law by the appropriate court.
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