STATE OF GUJARAT Vs. BHARATBHAI AMBALAL PATEL

JUDGEMENT

(1.) THE present appeal, under Section 378 (1) (3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 4.2.2008 passed by the learned Special (ACB) Judge, Court No.5, Ahmedabad, in Special Case No.15 of 2003, whereby the accused has been acquitted from the charges leveled against him.

(2.) THE brief facts of the prosecution case are such that the complainant Lalbhai Patel was serving as Secretary/Mantri with Unava Dudh Sahkari Mandli Ltd. with the salary of Rs.3250/ -. The District Magistrate had allotted the land for the construction of the building of the Cooeprative Society and in that regard, the meeting was convened on 13.8.2002, and therefore, said requisite plans along said Resolution and also estimates were forwarded to the Registrar, Cooperative Societies, Ahmedabad, on 7.10.2002. The accused was working as Senior Clerk at of office Registrar, Cooperative Societies, Ahmedabad (Rural). The complainant went to the office and handed over the papers to the present accused and inquired about proceedings. Thereafter, when the complainant met the accused, the accused demanded Rs.1500/ - towards illegal gratification for issuing necessary permission for the construction. As per the case of the prosecution, the offered amount was denied by the accused. Therefore, the complainant returned back to his destination and appraised the Chairman of the Administrative committee. Thereafter, on 16.12.2002, the President, Mr. Lalbhai Pranbhai and Administrator Mr. Kantibhai Patel went to the office of Registrar, Cooperative Societies, Ahmedabad and met the Registrar, who called the accused and told that required information that who will construct the building and how the loan will be disbursed are required to be cleared and they were advised to furnish information and it was assured that upon receiving the requisite information, sanction will be accorded.

(3.) BEING aggrieved by and dissatisfied with the aforesaid judgment and order passed by the Sessions Court, the appellant State has preferred the present appeal.