MUKESH GULABBHAI KAPADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) for holding and declaring that the observations made against the applicant herein in the impugned orders dtd. 3/10/2019 passed below Exh.447 and dtd. 24/10/2019 passed below Exh.449 in Special CBI Case No.15 of 2005, are absolutely unwarranted, bad, illegal and against the evidence on record and to expunge the same.

(2.) Rule returnable forthwith. Respective learned advocates waive service of rule for the respective parties.

(3.) The facts of the case are that the applicant has been appointed as Special Public Prosecutor on behalf of the CBI vide order dtd. 17/11/2018 and thereafter the applicant has proceeded with the matter allotted by conducting with best of his effort and skills. That, as per the prosecution case, a complaint is lodged by one Mr.D.V.Yardi, Manager (Vigilance), The New India Assurance Company Limited, having Head Office, Mumbai and, on the basis of the same, the case was registered before CBI, Gandhinagar Branch; in the said complaint, it was alleged that one Shri S.A.Parma, the then Senior Divisional Manager of NIACL, during the period of 1999-2001 entered into criminal conspiracy with private persons and surveyors for cheating the insurance company by abusing their official position; that because of the said criminal conspiracy, wrongful loss was caused to the insurance company to the tune of Rs.54.00 lakhs.