YOGENDRA SHANKARLAL JANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application under Section 482 of the Code of Criminal Procedure, 1973, the petitioner seeks quashment of the proceedings of Special Case No. 58/2004 pending in the Court of the learned additional Chief Metropolitan Magistrate and Special Judge (CBI) 2nd Court, Ahmedabad.

(2.) THE facts giving rise to the present application are that a first information report came to be registered against the petitioner and one P. S. Bhagwat, I. T. O on 23rd April, 1987 being Crime Register no. RC 16/87 for the offences under Section 120b, 420 IPC and Section 5 (2) read with section 5 (1) (d) of the Prevention of corruption Act. The allegations made in the first information report are reproduced hereunder:

(3.) ON completion of investigation, on 16th September, 1988, a charge sheet came to be submitted by the Investigating Officer of CBI/spe Division Ahmedabad, in the court of the Chief Metropolitan Magistrate, ahmedabad for the offences punishable under Sections 420 and 467 IPC and sections 277 and 278 of the Income Tax act against the petitioner accused alone. No charge sheet was filed against Shri P. S. Bhagwat, ITO. The concise details of the charge are as follows: