MAHETA UMED KUMAR MANSUKHLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Rule is returnable forthwith. Mr. J.K. Shah, learned Additional Public Prosecutor waives service of rule on behalf of the respondent - State. With the consent of both the learned advocates, the present criminal revision application is taken up for final hearing today itself.

(2.) By way of this Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, the petitioner has challenged the legality and validity of the order passed below Exhibit-73 in Special Case No. 6 of 2019 dated 08.03.2021 passed by the learned Sessions Judge, Ahmedabad (City Civil Court No. 18).

(3.) The case of the petitioner is that on 08.04.2018, a complaint was lodged by one Shailendrasinh Raghuvansinh, Dy. S.P. CID (Crime), inter alia alleging that an application was received on 23.02.2018 from one Shailesh Babulal Bhatt, resident of Surat making accusation against LCB Police Inspector, Amreli and Police personnel to the effect that in a While Fortuner Car, he was abducted from Nidhi Petrol Pump along with his driver Mahipal and driver Kirit Paladiya. It is further alleged that near Keshav Farm situated at Dehgam Road, he was forcefully asked to stay there, a threat was given and from Mobile of Kirit Paladiya 200 bit coins were transferred in the wallet of Police Inspector A.P. Patel. It is also stated that another sum of Rs. 32 crores was also asked to transfer and thereafter another sum of Rs.78.50 lakhs were transferred by one Rajesh Desai and Girish Kanani through them for compromise, an amount was stated to have been sent. On receipt of such application filed by Mr. Shailesh Babulal Bhatt, a complaint came to be lodged. A detailed narration is reflecting from a complaint which has been filed and later on, on 11.05.2018 Section 167 and Section 119 of the Indian Penal Code came to be added so also provisions of section under the Prevention of Corruption Act and at the end of the investigation, charge sheet came to be filed.