LAWS(GJH)-2022-2-1134

ARVINDBHAI DALPATBHAI PATEL Vs. STATE OF GUJARAT

Decided On February 10, 2022
Arvindbhai Dalpatbhai Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 16/3/2021 passed by the learned 8 th Addl. Sessions Judge, Surat in Sessions Case No.476 of 2018 for the offences under Sec. 380 , 413 and 114 of IPC, the appellant - original complainant has preferred this appeal as provided under sec. 372 of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) Briefly stated, it is the case of the appellant-original complainant that he was serving as Manager in the Talad Vibhag Milk and Vegetable Co. Op.. Society and accused No.1- Maheshbhai was also serving on contract basis as driver of the milk carrying vehicle. It is the case of the original complainant that accused No.1 with the connivance with other accused persons committed theft of 155 bags of various animal feeds amounting to Rs.20,00,070.00 in tempo vehicle of other accused persons and therefore the offence being CR No.I-109 of 2018 came to be registered with Olpad Police Station for the aforesaid offence.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency collected relevant evidence and drawn various Panchnamas and other relevant evidence for the purpose of proving the offence. After having found material against the private respondents, charge-sheet came to be filed in the Court of learned JMFC, Olpad. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Surat as provided under sec. 209 of the Code.