JOBDAS SURYANARAYANPRASAD GEDDAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present Criminal Revision Application preferred under Section 397 read with Section 401 of the Code of Criminal Procedure, the applicant seeks to challenge the order passed by the learned Additional Sessions Judge and Special Judge, City Civil Court No.13, Ahmedabad City, in ACB C.R. No.18 of 2004/ACB Summary Case No.2 of 2005 dated 12.9.2016, whereby the learned Sessions Judge has quashed the "A" Summary report and issued summons against the applicant for the offences under Sections 7, 12, 13(1), (d), 1,2, 3 and 13(2) of the Prevention of Corruption Act, 1988, making it returnable on 15.10.2016.

(2.) The facts of the case stated briefly are that one Husein @ Kaliya Noormily Shaikh on 4.11.2014 at about 1:30 p.m. registered one complaint before ACB Police Station, Ahmedabad, being C.R. I No.18 of 2004 against one Sachin Muljibhai Patel, unarmed police constable of Maninagar Police Station at the relevant time for the offences under Sections 7, 12, 13(1), (d), 1,2, 3 and 13(2) of the Prevention of Corruption Act, wherein it is stated that on 26/27.10.2004 at about 9:30 10:00 p.m. when his cousin Bashir Shaikh was siting at his hotel, the accused named in the FIR i.e. Sachin Patel came there and gave two slept to said Bashir Shaikh. The said accused took took the complainant along with said Bashir and at that time, the complainant told the accused as to why his cousin was beaten and the accused replied that after few days, the turn of the complainant would come and then, the accused took both these persons. As per the complaint, the complainant came to know that his cousin Bashir is arrested and case under Section 122 of the Gujarat Police Act has been registered by Shah Alam Police Chowki. On 29.10.2004, at about 10:00 p.m., said accused namely Sachin Patel met the complainant and talked with the complainant and at that time, the accused talked over with someone and thereafter, the Applicant who is PSI along with one Dilawarsinh policeman came there and the complainant was taken to Shah Alam Police Chowki. The applicant informed the complainant that he was to be produced before PI Shri Pathak at Rambaugh Police Station and the applicant was beating the complainant.

(3.) Learned Additional Sessions and Special Judge, Ahmedabad, by order dated 12.9.2016 rejected the conclusion arrived at by the Investigating Officer seeking "A" Summary, as the evidence is insufficient, to proceed against the accused and ordered to issue process against the named accused of the FIR as stated above. In view of the above, the applicant is constrained to approach this Court seeking direction for quashing and setting aside the order dated 12.9.2016 issuing process against the applicant.