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2016 Supreme(Guj) 1118

J.B.PARDIWALA
GAURISHANKAR PURSHOTTAMDAS JOSHI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellants :MR AJAYKUMAR CHOKSI, MR VAIBHAV A VYAS, MR. AMIT R JOSHI, ADVOCATE
For the Respondent: MR K.L. PANDYA, APP

JUDGMENT :

1. By this application under Article 227 of the Constitution of India, the petitioner – original accused calls in question the legality and validity of the order dated 9th December, 2013 passed by the 5th Additional Sessions Judge, Nadiad rejecting the report filed by the A.C.B. under Sections 169 of the Code of Criminal Procedure, 1973, and taking cognizance against the petitioner for the offence punishable under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988.

2. The facts giving rise to this application may be summarized as under:

2.1 The petitioner was serving as a Police Inspector. A First Information Report came to be registered against him at the A.C.B. Police Station, Ahmedabad bearing C.R. No.4 of 2006 for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Act, 1988.

2.2 The complainant alleged that the petitioner herein, in his capacity as the Police Inspector, demanded illegal gratification in connection with an offence which was registered at the Balasinor Police Station vide C.R. No.I24 of 2006 for the offence punishable under Sections 498A, 506(1) read with 114 of the Indian Penal Code. In the said F.I.












































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