DEVESH MULBHAI KHAMBHLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, returnable forthwith. Learned Additional Public Prosecutor Mr.Rutvij Oza waives service of rule on behalf of the respondent State. In the facts and circumstances of the case, the present application was taken up for final consideration today itself.

(2.) It is in connection with the First Information Report bearing Crime Register No. I-01 of 2017 registered with Kachchh East Police Station on 25th January, 2017 against the present applicant-accused for the offence under Sections 7, 12, 13(1) (G) and 13(2) of the Prevention of Corruption Act, 1988, that this application under section 438 of the Code of Criminal Procedure, 1973 is presented by the applicant.

(3.) Adverting to the allegations in the F.I.R. to have the gist of them, according to the first informant a case was registered and was going on in the Gandhidham, Kuthc Court in relation to the offences under Section 379 and 114, IPC against him and his younger brother in respect of theft of the files of the Forest Department. The charge-sheet was filed and the case, according to the complainant, was getting prolonged due to repeated adjournments. It was stated that every time the first information used to take new date from the Bench Clerk of the Court named as Desaibhai-the accused No.1. As the allegations proceed, on a particular date after getting fresh date in the case, when the complainant was leaving the Court, accused No.1 by a gesture asked him to stay over. Thereafter both went for tea in a nearby cabin. The complainant asked accused No.1 as to when the case against them would be over, to which, as per the allegations, said Desaibhai-accused No.1 stated to the first informant that he was able to manage and he could manage the things and accused No.1 gave his mobile number to the first informant. On an another date the complainant stated to have been met with accused No.1, who at that time told that the charge would be Rs. 50,000/- and additional amount would be payable to the Assistant Public Prosecutor in the case, who happens to be the applicant herein-accused No.2.