S K GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) I have heard Mr. B. S. Patel, learned Advocate for the petitioners. Mr. Patel has argued the matter at great length. In support of his contention, he has read before me paras 6, 8 and 9 of the judgment of the Apex Court in the case of Niranjan Singh v. Prabhakar, reported in AIR 1980 SC 785. After having sensed the mood of the Court, the learned Advocate for the petitioners submits that he may be permitted to withdraw this Criminal Revision Application with a view to approach the learned Sessions Judge. Such sort of withdrawal has been deprecated by the Supreme Court in the case of State of Maharashtra v. I. P. Kalpatri, AIR 1996 SC 722. In view of this, I decline permission to withdraw this Criminal Revision Application.

(2.) This Criminal Revision Application has been directed against the order of the learned Addl. Sessions Judge, Vadodara dated 4-1-1997 passed in Misc. Criminal Application No. 1375 of 1996. The petitioners have prayed for following reliefs : (a) Your Lordship may be pleased to call for Record and Proceedings of Misc. Criminal Application No. 1375 of 1996 from the Court of Addl. Sessions Judge (Shri B. D. Ghasura), Baroda, and after perusing the legality and propriety of the order passed on 4-1-1997 at Annexure-E be pleased to quash and set aside. (b) During the admission and pendency of the Revision Application, Your Lordship may be pleased to restrain the concerned police officers of Gorwa Police Station from arresting the petitioners in connection with the Misc. Criminal Case No. I. 295 of 1996 of Gorwa Police Station, at Annexure - A to the petition. It appears that the petitioners are accused in Criminal Case No. 295 of 1996 registered at Police Station, Gorwa, Baroda for offences under Secs. 406, 420, 467, 468 and 471 read with Sec. 120-B of Indian Penal Code. The said C. R. case is said to have been registered on 28-12-1996. It is alleged that as per the agreement made between the company of the complainant and accused persons, the Hire Purchase Loan of Rs. 3,302,047.00 was taken for purchasing four wind-mills out of which only two wind-mills were purchased and instead of returning Rs. 180,96,000.00, of remaining two wind-mills, the same was used in another way and created false certificate that four wind-mills are installed and used the money of I.T.C. Company in other way and committed breach of trust and fraud and made false record and made a conspiracy with intention to commit the offence.

(3.) Before the said F.I.R. was lodged, the petitioners directly approached this Court by way of an application for Anticipatory Bail under Sec. 438 of the Code of Criminal Procedure which was registered as Misc. Criminal Application No. 6197 of 1996. This Court (Coram : D. G. Karia, J.) passed the order dated 20- 12-1996, which reads as under :