STATE OF GUJARAT Vs. RAMANBHAI KALABHAI CHAVDA

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 29.11.2003 passed by the learned Special Judge, Sabarkantha at Himmatnagar in Special (ACB) Case No.7/1996, whereby the learned Trial Judge acquitted the original accused -respondents herein, of the charges for the alleged offences.

(2.) THE brief facts of the prosecution case are that the complainant -A.A.Khan, Police Inspector, Anti Corruption Bureau, Himmatnagar had received an information to the effect that on Pranjit Highway of Sabarkantha District, the local police, traffic police, district traffic police, the R.T.O. Officers and employees were demanding money from the drivers of the private overloaded vehicles for not filing complaint against them. On receiving the information, the complainant asked one private driver Dilipsinh Laxmansinh Zala of jeep bearing Registration No.GJ -9 -B -704 about the veracity of the contents of the complaint. Said Dilipsinh supported the information received by the complainant. Thereafter, a complaint was lodged against the accused persons with Himmatnagar ACB Police Station.

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of learned Special Judge, Sabarkantha at Himmatnagar, which was, thereafter, numbered as Special Case (ACB) No.7 of 1996. Since opponents -accused did not plead guilty and claimed to be tried, they were tried for the alleged offences.