R/CR.RA/624/2020 JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL REVISION APPLICATION NO. 624 of 2020

FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE GITA GOPI

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1

Whether Reporters of Local Papers may be allowed

to see the judgment ?

2

To be referred to the Reporter or not ?

3

Whether their Lordships wish to see the fair copy of

the judgment ?

4

Whether this case involves a substantial question of

law as to the interpretation of the Constitution of

India or any order made thereunder ?

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DHANRAJBHAI HIRABHAI PATEL

Versus

STATE OF GUJARAT

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Appearance:

MR AFTABHUSEN ANSARI(5320) for the Applicant(s) No. 1,2

MR. ALAK A PANDYA(7164) for the Applicant(s) No. 3

for the Respondent(s) No. 2,3

MR PRANAV TRIVEDI APP(2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MS. JUSTICE GITA GOPI

Date : 13/01/2021

ORAL JUDGMENT

1.

The revisionists, under Section 397 read with Section 401

of the Code of Criminal Procedure, 1973 (in short Cr.P.C.), have

come with a prayer to quash and set aside the order dated

21.08.2020, passed by the Sixth Additional Sessions & Special

Page 1 of 20

R/CR.RA/624/2020 JUDGMENT

(ACB) Judge, Banaskantha at Palanpur in Criminal Inquiry

(ACB) No.1/2020. The complaint was filed under Section 409 of

Indian Penal Code (for short “IPC”) read with Section 7 of The

Prevention of Corruption Act, 1988 (for short “P.C. Act”) against

the respondent no.3, who was on the post of Sarpanch, Gola

Gram Panchayat, Taluka-Palanpur. The complaint before the

Special (ACB) Judge came to be rejected on the ground of

maintainability in absence of sanction.

2.

A private complaint filed before the Principal District

Judge, Banskantha at Palanpur having been registered as

Criminal Inquiry (ACB) No.1/2020 was transferred to Fifth

Additional District Judge Banaskantha for disposal in

accordance with law and thereafter the matter came before the

Sixth Additional Sessions & Special (ACB) Judge, Banaskantha

at Palanpur on 10.07.2020, with the allegations that respondent

no.3 being Sarpanch of Gola Gram Panchayat has

misappropriated the public money and committed fraud with

Government by arbitrarily allotting the work of installation of

LED lights to one Adarsh Sales without any advertisement in

newspaper. The LED lights, as alleged, available at Rs.1200/- to

Rs.1500/- in the market were purchased at the rate of

Rs.4500/- from Adarsh Sales, who had issued a bill without VAT

number. It is alleged that the price were called from three firms

and by taking undue advantage of the status respondent no.3

abused his office for corrupt motives, misused the public funds

for purchase of LED lights from Adarsh Sales.

2.1

The Special (ACB) Judge noted that the complainant had

moved the Additional Assistant Engineer, Taluka Panchayat

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R/CR.RA/624/2020 JUDGMENT

Palanpur and further the complaint was also given to P.I., A.C.B.

Police Station, Banaskantha and an application was also

forwarded to T.D.O., Palanpur on 30.08.2017. The same issue

was also agitated before the Director of A.C.B. at Shahibag,

Ahmedabad vide letter dated 21.05.2018.

2.2

The complainant did not find any progress, hence filed

Special Criminal Application No.1419 of 2020 before this Court

and on 22.01.2020, complainant was directed by this Court to

approach the concer