DILIPBHAI NAGJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The short facts of the case appears to be that the complaint has been filed by Shri J.S. Suthar as the Administrator of the Baroda Central Cooperative Bank Limited vide C. R. No.I-136 of 2002 with Sayaji Ganj Police Station for the offence punishable under Section 406 and 114 of IPC with the accusation that the Administrator has been appointed in place of the Board of Directors and the charge was to be handed over by the then Chairman and the Manager of the Bank of all items, which has not been handed over. It has been stated in the complaint that the possession of the vehicle bearing Registration No.GJ-6-Choli-4732, the mobile phone and resident phone, fax machine, the register, resolution book of the Board and the keys of the cabin and the cupboard have not been handed over, therefore, there is disturbances created in the functioning and misappropriation. Under these circumstances, the petitioner has approached this Court by invoking the power of this Court under Section 482 of Cr.P.C.

(2.) Heard Mr.Patel, learned Counsel for the petitioner, Mr.Dabhi, learned APP for respondents No.1 and 2 and Mr.Pandya, learned Counsel for respondent No.3.

(3.) It was submitted by the learned Counsel for the petitioner accused, at the outset, that pending the petition, on 14.3.2007, the Manager of the Bank has already communicated to the Advocate, Shri Pandya representing respondent No.3 that the charge of all the items is already received, therefore, necessary action be taken. Therefore, it does appear that the charge of all the items pending the petition has already been handed over.