VIPULBHAI MANSINHBHAI CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed by the present applicants under Sec. 438 read with Ss. 442 and 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(2.) By way of the present application, the applicants have challenged the order passed by the learned Special Court in Application below Exh-256 in ACB Case No.9 of 2022 as well as the charge framed by the Special Court against the present applicants vide Exh-257.

(3.) The facts and circumstances giving rise to the present application are as such that the offence being C.R.No.I/8 of 2020 came to be registered with C.I.D. Crime, Gandhinagar Zone on 11/12/2020 for the offence punishable under Sec. 408 , 409 , 120(B) and 114 of the Indian Penal Code, 1860 and Ss. 13(1) (A) and 13(2) of the Prevention of Corruption Act, 2018 (for short " PC Act ") against the applicants herein as well as the other co-accused. The Investigating Agency carried out the investigation on the basis of the said F.I.R. and after conclusion of investigation, the Charge-sheet was filed against the present applicants and the other co-accused for the aforesaid offences and one of the applicants namely the applicant no.3 herein had preferred an application for discharge before the learned Special Court which was dismissed by the learned Special Court. The said applicant, however, chose not to challenge the said order further and thus, the order passed by the learned Special Court dismissing the application for discharge filed by the applicant no.2 has attained finality.