ORDER : 1. The instant criminal miscellaneous petition has been filed under Section 482 CrPC seeking quashing of FIR No. 229/2021 registered at Police Station CPS ACB, Jaipur, District ACB O.P. Siu Jaipur for offences under Sections 7A and 8 of the Prevention of Corruption (Amendment) Act, 2018 and Section 120-B of IPC. 2. This case has come up for hearing by virtue of being listed before this Court as per the directions of Hon’ble the Chief Justice. 3. The brief facts of the case are that a complaint came to be filed by the Additional Superintendent of Police, ACB (hereinafter referred to as ‘ASP’) at the Headquarter, ACB stating therein that an overview and analysis of a video clip which was being broadcasted on Zee Media Television Channel on 10.06.2021 revealed that there was a bill amount of Rs. 276 crores which was to be paid by Nagar Nigam Greater Jaipur to a company named BVG in exchange for their cleaning services. It is also stated by him that there is conversation between representatives of BVG company and Mr. Rajaram Gurjar, husband of the then suspended mayor (herein after referred to as the 'mayor'), Nagar Nigam Greater, Jaipur regarding payment of 10 percent of the pending bill amount, i.e. Rs. 20 crores, to Mr. Rajaram, in exchange of which he would get the pending bills cleared. It was felt by the ASP that a case of taking undue advantage by using his personal influence with a public servant was prima facie made out against Mr. Rajaram Gurjar. Upon filing of the said complaint, a preliminary enquiry No. 03/2021 was registered and the investigation was handed over to the Additional Superintendent of Police, Special Investigation Unit, ACB, Jaipur who had filed the complaint at the Headquarter in the first instance on 10.06.2021. On the same day, as per the FIR, the ASP received a SanDisk pendrive from reliable sources containing the audio-visual recording of the clip that was broadcasted on social media and television in which the representatives of BVG Company, including the petitioner, and Mr. Rajaram Gurjar are conversing regarding exchange of bribe in order to get the payment of pending bills cleared. Rajaram Gurjar are conversing regarding exchange of bribe in order to get the payment of pending bills cleared. When the audio and video recording contained in the said pendrive was listened to and watched by the ASP in the computer of the department, it was found that the conversation so recorded fell in the category of corrupt behaviour. Eventually, the investigation conducted in pursuance of the preliminary enquiry led to the lodging of FIR No. 229/2021 at police station CPS ACB, Jaipur on 28.06.2021 against the present petitioner as well as against Mr. Rajaram Gurjar, husband of the then suspended mayor of Jaipur, Nagar Nigam Greater, Jaipur, the other representative of BVG Company, namely Mr. Omkar Sapre and against another co-accused, namely Mr. Nimba Ram. 4. Learned counsel for the petitioner submitted that the petitioner has been implicated in the present matter based on fabrications and political motivation. The petitioner did not have the authority in the company to get the bills cleared and he did not make any offer of bribe regarding the same. The contents of the FIR as well as the other evidence available on record do not reflect commission of any offence, let alone an offence under the provisions of Prevention of Corruption (Amendment) Act, 2018. It was further submitted that the investigation conducted in pursuance of the filing of the preliminary enquiry was not in accordance with the principles of natural justice as the investigation post filing of the preliminary enquiry was handed over to the Additional Superintendent, ACB who submitted the report for registration of the preliminary enquiry and was, as such, the complainant of the case. 5. It is also submitted that the alleged pendrive was not sealed and seized by ACB on the date of its receipt rather it was seized on the next day, i.e. on 11.06.2021. The contents of the pendrive can, at best, be considered as secondary piece of evidence and the agency has not been able to lay its hands on the primary piece of evidence. Neither there is cogent evidence available on record to show that proper method was adopted for reproducing sounds in the pendrive nor has the mandate of Section 65-B of the Evidence Act been complied with. Neither there is cogent evidence available on record to show that proper method was adopted for reproducing sounds in the pendrive nor has the mandate of Section 65-B of the Evidence Act been complied with. The important ingredients essential to prove commission of offences under Sections 7A and 8 of the Prevention of Corruption Act have not been made out in this case and there are serious doubts raised over the conduct of the investigating agency as the State Lab of Rajasthan refused to make any report about the audio clipping in absence of the original recording device and despite the fact that a report from State Lab, Telangana, Hyderabad was sought only with regard to audio clipping, its report contained opinion on video clipping. Thus, it was prayed that the FIR as well as any consequential proceedings arising thereof in the present matter be quashed and set aside. 6. Learned public prosecutor opposed the prayer made by learned counsel for the petitioner, furnished a factual report and submitted that prima facie sufficient evidence is available on record on the basis of which the petitioner was booked and he is liable to be forced to go through the rigour of trial. 7. Shri Rajendra Yadav, learned GA-cum-AAG, vehemently and fervently submitted that the evidence collected so far by the agency in the form of electronic evidence is more reliable than the other verbal evidence. Due certification has been supplied with the electronic evidence and requisite examination by the FSL has also been conducted, according to which, as such, it can be said with utmost certainty that four persons, namely, Rajaram, Nimbaram, Omkar Sapre and Sandeep Kumar Choudhary met at a place and made conversation in which Omkar Sapre and Sandeep Choudhary begged for a favour for the purpose of realisation of the amount due with the corporation (Nagar Nigam, Jaipur). The mayor had been sitting on the files since long and the company was facing financial hardship and that is why they were agreeing to negotiate with the husband of the mayor so that the amount of the due bills could be released. The mayor had been sitting on the files since long and the company was facing financial hardship and that is why they were agreeing to negotiate with the husband of the mayor so that the amount of the due bills could be released. On the other hand, the accused Rajaram, who happened to be the husband of the mayor, was engaging in negotiations on his own behalf as well as on behalf of his mayor-wife for a certain amount of illegal gratification which was to be received for his personal gain towards the work pending with his wife. He was doing so on the basis of his status of being the husband of the mayor by virtue of which he could influence the mayor and get the due bill amount released in favour of the company. The present petitioner was a representative of BVG Company and his involvement cannot be doubted, therefore, no case is made out for quashing of the FIR. 8. The matter was heard at several occasions and arguments were finally concluded on 27.02.2023. Written arguments were also submitted on behalf of the respective parties. 9. Heard and considered the oral as well as the written submissions made by learned counsel for the parties. Perused the FIR impugned and the other material available on record. 10. Indisputably, the present petitioner is an employee/representative of BVG Company. BVG company was rendering cleaning services in the city of Jaipur and the due bills of contract agreement were pending with the Jaipur Nagar Nigam Greater (hereinafter referred to as ‘Nagar Nigam’). There is pending payment of a whopping amount of approximately Rs. 276 crores which is owed by the Nagar Nigam to the company. It is also eliciting from the record that there were multiple communications made by the representatives of the company to Nagar Nigam through different modes of communication for the purpose of getting their outstanding bills cleared which reflects that the company had made its best efforts to realise the due amount but they had failed to secure the payment. Their backs were against the wall and it appears from other incriminating material produced by the prosecution in the nature of circumstantial as well as direct evidence that they resorted to secure the payment due to the company by fair means or foul. 11. Their backs were against the wall and it appears from other incriminating material produced by the prosecution in the nature of circumstantial as well as direct evidence that they resorted to secure the payment due to the company by fair means or foul. 11. In the opinion of this court, though the electronic evidence with regard to the pendrive containing video clip brought on record in the present case cannot be considered worthy of reliance as the mandate stipulated in Section 65-B of the Evidence Act has not been complied with and there are other lacunae in the investigation conducted by the agency which this Court does not wish to discuss in detail, however, there is other material available on record that inculpates the petitioner. For instance, more than 125 calls have been exchanged in between the petitioner and the co-accused Omkar Sapre, who is also the other representative of the company and for whom it is alleged that the video recording of the alleged conversation that is available in the pendrive was made through his spectacles, during the period between 01.04.2021 to 10.05.2021. Further, there is call data record that reflects that there were exchanges on different dates during the afore-mentioned duration of time between co-accused Sapre and the husband of the then suspended mayor as well as the then suspended mayor. This court is cognizant of the fact that the above instance, in isolation, is not sufficient enough to connect the present petitioner to the other parties directly, however, such circumstance cannot be overlooked especially when the investigation with regard to his role is still going on. 12. The active participation of the petitioner is discernible from the recording spanning over 2 minutes and 35 seconds found in the mobile recovered at the instance of co-accused Omkar Sapre wherein the petitioner can be seen recording a call made by him using a social media application (WhatsApp) to the husband of the then suspended mayor, Mr. Rajaram Gurjar. The said recording contains conversations between the above-referred two individuals regarding re-agreement and payment of due bills. As per the factual report dated 27.02.2023 submitted by the agency through learned counsel for the state, the present petitioner is at large and is not cooperating with the investigation which further raises serious doubts over his complicity in the whole transaction. 13. The said recording contains conversations between the above-referred two individuals regarding re-agreement and payment of due bills. As per the factual report dated 27.02.2023 submitted by the agency through learned counsel for the state, the present petitioner is at large and is not cooperating with the investigation which further raises serious doubts over his complicity in the whole transaction. 13. Besides the electronic evidence, there is certain material in the form of direct and circumstantial evidence which, if taken on its face value, makes out a good prima facie case in favour of the prosecution. Ample material is available on the case diary to show that he was an active representative of BVG company of which a huge bill amount was pending with the corporation and as alleged, the mayor was sitting on the clearance file for no good reason. The petitioner was doing his level best to get the amount realised in favour of the company and in fact, he had been assigned the task to somehow get clearance of the due bills because there was financial crisis with the company. It is somewhat reflecting that at one point of time, the petitioner apprised the other accused Omkar Sapre of the fact that the payment might not be done easily which means that some undue process would be required for the purpose. His concern over facilitating meeting in between Chairman, BVG Company and the Mayor as well as some meetings other than at office premises is making it abundantly clear that the petitioner was interested in securing the pending bill amount for the company by hook or by crook. 14. It is trite law that while hearing a petition under Section 482 of CrPC for quashing of FIR and criminal proceedings, the High Court is not expected to embark upon an enquiry so as to examine the truthfulness and genuineness of the allegations levelled in the FIR. Certainly, it is a task to be undertaken by the investigating agency and the investigation conducted so far clearly reveals involvement of the petitioner in the alleged crime. 15. Certainly, it is a task to be undertaken by the investigating agency and the investigation conducted so far clearly reveals involvement of the petitioner in the alleged crime. 15. Looking to the material collected by the agency till date, a prima facie case is fathomable against the petitioner, thus, in light of the reasons discussed above, this Court is of the opinion that no case for quashing of the FIR qua the petitioner is made out and the court is dissuaded from allowing the instant petition at this stage as the same may stifle the process of securing the ends of justice. 16. Accordingly, the instant miscellaneous petition for quashing of the FIR and entire criminal proceedings pending against the petitioner, is hereby dismissed, however, the petitioner would be at liberty to raise all his objections/grounds, which have been raised herein in this petition, before the learned trial court at the appropriate stage. 17. All pending applications, including the stay application, stand disposed of.