RAMANBHAI BECHARBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have filed this application under Sec.397 read with Sec.401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `Code') against the judgment and order passed by the learned Special Judge, Ahmedabad City, dated 27th September, 1999, below Exh.9 in special Case No. 13 of 1997, whereby the learned Special Judge was pleased to reject the application filed by Ramanbhai Becharbhai Patel and Satish Balkrishna Karoda - original accused - petitioners herein for discharge under Sec.227 of the Code.

(2.) The facts giving rise to this application are as under:

(3.) Shri Y.S.Lakhani, learned advocate for the petitioners has also produced further affidavit of Shri Satishbhai Balkrishna Karoda - petitioner No.2 herein and submitted that as regards main accused Ishwarbhai Daulatram a Criminal Complaint was lodged before the learned Magistrate, Railway, Viramgam, and the learned Magistrate by his judgment and order dated 1.7.2000 pleased to convict the accused and believed that the case was made out against said Ishwarbhai. He, therefore, submitted that the main accused has already been convicted in this behalf. He further submitted that in chargesheet as regards accused No.2 is concerned only allegation that on 3rd February, 1993, Mr.S.S.Saini, Mr.A.K.Tyagi, Mr.R.B.Patel and Mr.S.B.Karode visited the site of Plot No.302, Near Gota Railway Crossing, Gota, Ahmedabad, and inquired about cutting of babool trees. This is the only allegation against petitioner No.2. There is no statement or material against the petitioner No.2 as far as rejection of discharge application against petitioner no.2 is concerned. The order of the learned Special Judge is clearly illegal and liable to be quashed and set aside. As regards accused No.1 is concerned, the learned counsel has submitted a copy of chargesheet. He submitted that main allegation under the provisions of Prevention of Corruption Act was against Mr.Saini, Mr.Tyagi and Mr.Jadeja and out of that Mr.Jadeja has already been discharged. He further submitted that there is no whisper about the allegation under the provisions of Prevention of Corruption Act against accused No.1 in this behalf. He further submitted that the only allegation against petitioner No.1 is that he has issued a certificate to the effect that cut pieces of wood seized from the possession of the complainant railway properties and it was also found that on 3.2.1993 plot No.302 measured by Surveyor and no encroachment of railway land was noticed. He further submitted that the learned Special Judge has misread and misinterpreted the papers of chargesheet. The learned Judge has failed to see that the present complaint against the petitioners is nothing but a counterblast to the complaint filed by Ashokkumar Tyagi. He submitted that in view of the statements before the Court and the materials produced, the present petitioners ought to be discharged by the learned Special Judge.