JASHWANTBHAI CHELABHAI OZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE facts of the case stated briefly are that one Babubhai Mangaldas Patel lodged a complaint against the present applicant alleging that the applicant who used to sit near the Sub -Registry Office, Unjha had charged Rs.1000/ - to Rs.1,200/ - towards typing, Xerox, writing etc. which was much in excess of the charges permissible under the Rules governing the licence issued in favour of the applicant. Pursuant to the complaint, a first information report came to be registered against the applicant vide Mehsana ACB Police Station C.R.No.6 of 2000 for the offences punishable under sections 7 and 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 ("the Act").

(2.) BY this application under section 482 of the Code of Criminal Procedure, 1973 ("the Code"), the applicant has prayed to quash the aforesaid first information report, the charge sheet submitted pursuant thereto as well as ACB Special Case No.6 of 2003 pending in the Court of the Special Judge, Mehsana.

(3.) HEARD Mr JB Pardiwala, learned advocate for the applicant and Mr Mukesh Patel, learned Additional Public Prosecutor for the respondent State of Gujarat. Mr JB Pardiwala, learned advocate for the applicant has submitted that the issues that arise for consideration in the present case are as follows: -