ARVINDBHAI LALJIBHAI PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant-original accused has inter alia payed to quash and set aside the judgment and order of conviction and sentence dated 11th June 1998 passed by the learned Special Judge, Bhavnagar, in Special Case No.03 of 1994 whereby the learned Judge was pleased to convict the appellant.

(2.) AS per the case of the prosecution, on 01st December 1993 the complainant had given written complaint to ACB Police Inspector, Bhavnagar wherein he has stated that since last two months he is working as Senior Clerk in the office of Deputy Executive Engineer, Water Resources and Research Sub Division. Prior to that, the complainant was working as Junior Clerk with Narmada Nigam at Village Patdi, District Surendranagar. It is further the case of the complainant that as his native is Bhavnagar, he had tried for his transfer to Bhavnagar. Because of his efforts, he was transferred to Palitana. He has further stated that Executive Engineer's office is situated at Multi Storied Building, Bhavnagar and Zonal Office is situated at Rajkot. In the normal circumstances, transfer would be effected by the Executive Engineer, but in the present case, as there was a clear and vacant post at Palitana, transfer of the complainant was effected by the Zonal Office directly. It is further the case of the complainant that because of this, the ASsistant Office Superintendent (Division), i.e. the present appellant, called the complainant and told the complainant that as to why without taking any permission from him, the complainant had effected his transfer and asked the complainant to make him happy. Thereafter, after some conversation between the complainant and the present appellant-accused, on 25th November 1993 the appellant-accused demanded Rs.200/- from the complainant. At that point of time, the complainant told the appellant-accused that he will see in the next month after salary would be paid. Therefore, the appellant-accused told the complainant that after the salary would be made on 01st December 1993, till the evening hours on that day, make it convenient to send Rs.200/- in his office and thereafter I will see to it that you will be transferred to Bhavnagar. It is the case of the complainant that he has tried to convince the appellant-accused to reduce the amount, but as per the case of the complainant, the appellant-accused was not convinced. It is further the case of the complainant that thereafter also when he went to the office, the appellant-accused again asked for Rs.200/-. It is the case of the complainant that he does not want to given the said amount to the appellant-accused, but under the compulsion, he has to give this amount to the appellant-accused. Therefore, a complaint to the said effect was given by the complainant.

(3.) THEREAFTER, the Investigating Officer recorded statements of various persons. THEREAFTER, FIR was lodged. Statements of the complainant were recorded. After obtaining the sanction from the appropriate authority, charge-sheet came to be filed before the Special Court, Bhavnagar.