NAVIN MOHANBHAI VADHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned A.P.P. Mr. M.A. Patel waives service of Rule on behalf of the State.

(2.) This Revision Application is directed against the order dated 27.2.2002 passed by the learned Sessions Judge, Rajkot in Criminal Misc. Application No.1384 of 2002 and the applicant prays to quash and set aside the said order.

(3.) Present applicant lodged complaint under Section 7, 13 (1) (5), 13 (2) of the Prevention Corruption Act against respondent No.2, Loan Inspector, Jilla Udyog Kentra, Rajkot before the learned Sessions Judge, Rajkot on 22.10.2001. The learned Sessions Judge sent this complaint to Anti Corruption Department, Rajkot under Section 156 (3) of Criminal Procedure Code for investigation and also passed an order to submit report of the investigation on or before 29.11.2001. On the basis of the complaint, the Investigating Officer has carried out investigation in pursuance of the order passed by the learned Sessions Judge, Rajkot. The Investigating Officer has submitted SA Summary report before the learned Sessions Judge, Rajkot. The learned Sessions Judge, Rajkot has accepted the report and without hearing the applicant, he has passed an order against the applicant to initiate the proceedings under Section 182 of the Indian Penal Code. He has also without hearing the applicant straightway initiated criminal case and issued bailable warrant of Rs.1000/- against the applicant. Therefore, present applicant has preferred this Revision Application under Section 397 of Criminal Procedure Code before this Court.