JOSANTENY JOSEPH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mrs. Shilpa J. Unwalla appearing for the petitioner and Mrs. B. R. Gajjar, learned A.P.P. appearing for respondent No. 1-State. Respondent No. 2 served.

(2.) That being aggrieved and dissatisfied by the order passed by learned Special Judge, City Sessions Court, Ahmedabad, dated 15-9-1997, below Exhibits 11 and 89, in Special Case No. 14 of 1993, the petitioner has filed the present Revision Application. That vide impugned order, the learned Special Judge has dismissed both the Applications - Exhibit 11 as well as Exhibit 89 moved by present petitioner as accused No. 2 of Special Case No. 14 of 1993.

(3.) That the present petitioner was appointed as Director of Nehru Yuva Kendra Sangathan, Western Zone, an institute established by Ministry of Human Resources & Development, Government of India. That under the said Sangathan, there were various Nehru Yuva Kendras, working as units for youth activities convened by Youth Coordinators. One Mr. R. R. Joshiara was one of the Youth Coordinators of the unit working under Nehru Yuva Kendra Sangathan. That on 27-5-1993, C.B.I. submitted a charge-sheet in the Court of Special Judge at Ahmedabad against present petitioner and said R. R. Joshiara for having committed offence made punishable under S. 409, 109 of the I.P.C. and also under S.13(1)(d) read with S.13(2) of the Prevention of Corruption Act, 1988. That the said charge-sheet was registered as Special Case No. 14 of 1993 in the City Sessions Court at Ahmedabad. That as per the allegations made in the charge-sheet, it was alleged that an advance amount of Rs. 38,000.00 was misappropriated during the tenure of said Shri R. R. Joshiara as Youth Coordinator. That at the relevant time, present petitioner though posted as Director of Nehru Yuva Kendra Sangathan, had no power or authority to control the Youth Coordinators or funding of Nehru Yuva Kendra Sangathans.