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2019 Supreme(Online)(Guj) 4158

HIGH COURT OF GUJARAT
SONIA GOKANI, J
SANJAY JAGDISHBHAI BHATY – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR IH SAIYED, MR CHIRAG B UPADHYAY(6735)
For the Respondents: SPECIAL PUBLIC PROSECUTOR(19), RULE SERVED BY DS(65)

ORDER

1. By way of this petition, under Article 227 of the Constitution of India read With section 482 of code of Criminal Procedure, 1973, the petitioner seeks quashment of the order passed by the Addl. Sessions Court, Gandhidham, in Criminal Revision Application No. 38 of 2016, Dated 26.05.2016 in the following factual background:

1.2 On 10.04.2015, present petitioner filed a private complaint against one Shri P. Ramji, the then Chief Vigilance Officer, Kandla Port Trust, Kandla, before the Court of the learned Chief Judicial Magistrate, Gandhidham (‘Court below’ in brief) , for the offence punishable under Sections 406 , 420, 467, 468, 471, 385, 389 and 506(2) of the Indian Penal Code, 1860 , and Sections 13 (1)(C)(d) (i,ii,iii) of the Prevention of Corruption Act, which was numbered as Criminal Inquiry No. 322 of 2015. On 27.05.2016, the Court below directed the Police Inspector, ACB Police Station, Gandhidham, to register an FIR and proceed further as per the provisions of the Code

1.3 Subsequently, on 01.06.2015, Police Inspector, ACB Police Station, Gandhidham, wrote a letter to the Court below, mentioning that, since, the accused is an IPS Officer and a Central Gove

















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