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2022 Supreme(Guj) 1498

SAMIR J. DAVE
Jayantilal Chunilal Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. N.D. Songara.
For the Respondent: Ms. Monali Bhatt.

JUDGMENT :

1. By way of this revision filed under Section 397 read with Section 401 of the Code of Criminal Procedure, the applicant- original accused has prayed to modify the judgment and order dated 30.06.2018 passed by the learned 5th Additional Sessions Judge, Vadodara in Special (ACB) No.16 of 2011 by converting the acquittal granted to the applicant “by giving benefit of doubt” into an “acquittal simplicitor”.

2. The facts in brief, as emerging from the record, are as under;

The applicant herein was serving as Deputy Engineer with the Gujarat State Electricity Corporation at Kutch Lignite Thermal Power Station, Panandhro, Kutch at the relevant time. It is alleged that on 15.03.2007, between 1300 hrs. – 1315 hrs., the applicant went to the Office of Vanrajbhai Maganbhai Chauhan, the original complainant, who was serving as Deputy Superintendent of Police, Vigiliance Department, Gujarat Vikas Nigam Ltd. at Vadodara at the relevant time. It is further alleged that the applicant, thereafter, informed the complainant that he had come to meet him in pursuance of the conversation which they had on the mobile phone of one Rajubhai Parmar. It is further alleged that the applicant thereaf

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