LAWS(GJH)-2018-1-507

VRUJESHKUMAR HEMAJI UMAT Vs. STATE OF GUJARAT

Decided On January 11, 2018
Vrujeshkumar Hemaji Umat Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused seeks to invoke the inherent powers of this Court, praying for quashing of the FIR being CR-I No.14 of 2014 registered with the ACB Police Station, Rajkot city, Rajkot, for the offences punishable under Section 13(1) (e) read with Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) The facts giving rise to this application may be summarised as under :

(3.) The applicant is a public servant serving as the Deputy Engineer, Class-II. First in point of time, an FIR came to be registered against the applicant herein bearing CR-I No.3 of 2014 before the Rajkot ACB Police Station for the offences punishable under Sections 7, 12, 13(1) (d) read with Section 13(2) of the Act, 1988. This FIR got registered on 2nd May 2014. While the FIR for the offence punishable under Section 13(1) (d) read with Section 13(2) of the Act, 1988, was being investigated, a search was carried out at the residential house of the applicant. In the course of the search, the investigating agency recovered and seized materials in the form of policy certificates, cash and jewellery. This, ultimately, led to filing of an FIR for the offence punishable under Section 13(1) (e) of the Act, 1988, which is the subject matter of this petition.