NAVNITDAS GIRDHARLAL RAMAYA Vs. KUNDALIKRAO KHANDERAO SHINDE

JUDGEMENT

(1.) THIS petition directed against the order dated 19th July 1978, passed by the learned Special Judge, Nasik, in Special Case No. 4 of 1976, granting application by the Public Prosecutor for permission to withdraw from the prosecution raises questions of some importance to the administration of criminal justice.

(2.) WITH regard to facts, as the trial and the recording of evidence is yet to commence, what is presently available are only the disclosures through the investigation materials which, briefly, are as follows: In the year 1972-73 food grains including milo wheat were being despatched by the Bombay Food Corporation in the names of Collectors of Nanded, Osmanabad, Beed, Aurangabad and Parbhani. These food grains used to come to Manmad by railway. Collector's representatives unloaded these food grains at Manmad and from there took the same for storage to the Nag-pur godown from where these were transported by trucks to their destination at the respective districts. In July 1973, the Collector of Parbhani deputed one Abdul Aziz (Naib Tehsildar) along with the present accused No. 1 Kundalik Shinde (Aval Karkun) and one K. A. Latif for unloading the goods at Manmad, taking them to the Nagpur godown and then despatching the same to ultimate destinations as per allotment orders after preparing transport permits in that behalf. The responsibility was on the Aval Karkun Shinde, accused No. 1. Champalal Lalchand, accused No. 3, a resident of Vaijapur, colluded with Shinde at Manmad and took one hundred bags of milo in his truck after giving Shinde illegal gratification of Rs. 1,500/ -. The said truck wag then brought to the petrol pump at Malegaon. At that stage however, the driver Mohamad Yusuf left refusing to take the truck further without a valid transport permit. Thereupon, Champalal himself started driving the truck and proceeded towards Vaijapur. However, near village Andarsul, the truck met with an accident. Champalal abandoned the truck and ran away. But on the same night he returned to Manmad. To over up his misdeeds he gave further illegal gratification of Rs. 1000/- to accused No. 1, Shinde, and this time got from him a false and forged transport permit. Information in the aforesaid behalf reached the police. A senior Police officer one Waghmare, Dy. S. P. , C. I. D. , Aurangabad, investigated the matter. After investigation, charge-sheet was filed against Shinde accused No. 1, Abdul Aziz accused No. 2, Sahebrao Bapurao, accused No. 3 and Champalal Lalchand accused No. 4.

(3.) AN application was then made on behalf of the accused Abdul Aziz for discharging him on the ground that, as against him, there was no material at all for framing any charge. This was strongly opposed by the State contending that charge must be framed not only against the aforesaid accused but also against all the other accused persons. The Court, after going through the investigation papers, held by its detailed order of 31st March 1977 that there was no material against the accused Abdul Aziz and that, on the contrary, the material that was there indicated that Abdul Aziz protested against the activity and conduct of the accused Shinde and others. The Court consequently discharged Abdul Aziz and directed that charges be framed against the rest of the accused. Revision by the State" challenging the said order was dismissed by the High Court.