LAWS(GJH)-2022-11-269

BIPINBHAI GURJIBHAI GAMIT Vs. STATE OF GUJARAT

Decided On November 16, 2022
Bipinbhai Gurjibhai Gamit Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard Mr. P. P. Majmudar, the learned advocate appearing for the writ-applicant and Ms. Maithili Mehta, the learned APP appearing for the respondent No.1 - State.

(2.) The writ-applicant herein has approached this Court by preferring Special Criminal Application No.2665 of 2019 being aggrieved and dissatisfied by the impugned complaint being FIR-I-C.R.No.4 of 2018 dtd. 1/8/2018 registered with Tapi A.C.B. Police Station, Dist. Tapi filed under the Prevention of Corruption Act, 1988 for the offences punishable under Ss. 13(i)(d)(2) and 13(2) of the said Act as also under Ss. 379, 120B and 114 of the Indian Penal Code read with Ss. 4(i), 4(i)(a) and Sec. 21 of the Mines and Minerals (Development and Regulations) Act, 1957 and the Special Criminal Application No.96 of 2019 being aggrieved and dissatisfied by the impugned complaint being FIR-I- C.R.No.78 of 2018 dtd. 21/8/2018 registered with Songadh Police Station for the offences punishable under Ss. 379 , 120B and 114 of the Indian Penal Code and under Ss. 4(i), 4(i)(a) and Sec. 21 of the Mines and Minerals (Development and Regulations) Act, 1957, wherein the the writ-applicant is are arraigned as accused No.4.

(3.) The facts involved in both the FIRs i.e. FIR-I-C.R.No.4 of 2018 dtd. 1/8/2018 registered with Tapi A.C.B. Police Station, Dist. Tapi and FIR-I-C.R.No.78 of 2018 dtd. 21/8/2018 registered with Songadh Police Station being identical in nature which read thus :-