STATE OF GUJARAT Vs. JAMADAR MANSINGRAO BHAGVATRAO

JUDGEMENT

(1.) This is a Revision Application filed by the State under secs. 435 and 439 of the Criminal Procedure Code against the order passed by the learned Special Judge Ahmedabad Rural at Narol Mr. R. C. Israni in a Special Case No 2 of 1964 dismissing the prosecution of the accused-opponent for the offenses punishable under secs. 161 165 and 165-A of the Indian Penal Code and sec. 5(2) read with sec. 5(1)(d) of the Prevention of Corruption Act 1947 That prosecution was dismissed on the ground that the prosecution has been launched beyond a period of six months prescribed in sec. 161(1) of the Bombay Police Act 1951

(2.) The facts leading rise to this Revision Petition are briefly stated as under :

(3.) When the case came up for hearing before that Court on 22-9-1965 an application was filed on behalf of the opponent stating that the prosecution having been instituted more than 6 months after the date of the act complained of it is barred by the provisions of sec. 161 of the Bombay Police Act 1951 After hearing the Advocates to the parties concerned the learned Special Judge accepted the contentions urged on behalf of the opponent and passed the impugned order. Being dissatisfied with that order the State has filed the present revision petition.