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 ==============================================================

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 ==============================================================

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 ==============================================================

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

NEUTRAL CITATION

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(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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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 concerned authority. Thereafter, the application was given to A.C.B. Police Station, Banaskantha at Palanpur on 07.03.2020. It is stated by the revisionist that the respondent State and its agencies have not registered the FIR nor investigated the complaint hence, the applicant had to prefer Writ Petition before this Court being Special Criminal Application No.501 of 2020 for direction to the authorities to file an FIR to the mentioned incident. By an order dated 23.01.2020, this Court had not entertained the petition; however liberty was granted to the petitioner to approach the competent auth

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