IRSHADALI ANWARALI SAIYED Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The applicant is retired Dy.S.P., who challenges the judgment and order dtd. 20/12/2022 passed by learned Special CBI Judge, Special Court No.1, Ahmedabad, in connection with C.B.I. Sessions Case No.1 of 2013, whereby his discharge application came to be rejected.

(2.) The grounds raised to impugn the order of the Special C.B.I. Judge inter alia states that C.B.I. Special Court failed to appreciate the aim and object of Sec. 197 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .'), and has failed to appreciate that though, the present applicant as accused no.2, is innocent and has been falsely and wrongly chargesheeted, and there being no incriminating evidence recovered or discovered at the instance of the applicant to connect him directly or indirectly to the alleged offence, the learned Judge has failed to appreciate the same, as there was no sanction to prosecute the applicant, and has failed to consider that the applicant was not at all involved in any criminal conspiracy to attribute any motive against him in the charge- sheet.

(3.) Mr. Amit M.Nair, learned advocate for the applicant submits that in C.B.I. Sessions Case No.1 of 2013, in total, eight were arraigned as accused and present applicant was shown as accused no.2. The accused no.3 - Kishoresinh Motisinh Vaghela came to be discharged by this Court by an order dtd. 3/2/2023 in Criminal Revision Application No.613 of 2017, while accused nos.4 and 6 were discharged by order dtd. 24/11/2020 by the CBI Special Court below Exh.192 and 195. Accused no.5 was discharged vide order dtd. 20/12/2022 by CBI Special Court and accused nos.7 and 8 were discharged on 20/12/2022 by CBI Special Court below Exh.209 and 211. Advocate Mr. Nair submitted that accused no.1 - Jaysinh Gulabsinh Parmar's case came to be abated since deceased.