LAWS(GJH)-2011-9-131

STATE OF GUJARAT Vs. YOGESHKUMAR PRABHULAL PANDYA

Decided On September 02, 2011
STATE OF GUJARAT Appellant
V/S
YOGESHKUMAR PRABHULAL PANDYA Respondents

JUDGEMENT

(1.) PRESENT Criminal Revision Application has been preferred by the petitioner - original applicant - State of Gujarat to quash and set aside the impugned order dtd.1/10/2010 passed by the learned Special Judge and Additional Sessions Judge, Rajkot in Criminal Summary No.3 of 2010, by which the learned Special Court has accepted ?C? Summary Report submitted by the investigating officer.

(2.) THAT an offence being CR No.I-6 of 2005 came to be registered with Rajkot ACB Police Station against the respondent for the offence punishable under section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 alleging that while discharging his duty as a public servant for the period between 1/8/1983 and 20/11/2002, the respondent accused has misused his power and has taken illegal gratification and thereafter he has purchased several movable and immovable properties in the name of his wife and son. It was alleged that as a result of which the respondent accused is having properties worth Rs.21,22,147/- which is more than his income during his service tenure.

(3.) IN view of the above broad consensus between the learned advocates appearing on behalf of the respective parties, recorded hereinabove and the request made by the learned advocates appearing on behalf of the respective parties, this Court is not assigning further reasons and is not passing reasoned order while quashing and setting aside the the impugned order passed by the learned Special Judge accepting ?C? Summary and while ordering reinvestigation.