State Of Gujarat vs Damjibhai Virjibhai Vaishnav Patel on 9 April, 2014

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Gujarat High Court

State Of Gujarat vs Damjibhai Virjibhai Vaishnav Patel on 9 April, 2014

Bench: Rajesh H.Shukla

          R/CR.MA/145/2014                                            ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CRIMINAL MISC.APPLICATION  NO. 145 of 2014
                   (FOR LEAVE TO APPEAL)
                               In 
               CRIMINAL APPEAL NO.  9 of 2014
========================================================
               STATE OF GUJARAT....Applicant(s)
                            Versus
     DAMJIBHAI VIRJIBHAI VAISHNAV PATEL....Respondent(s)
========================================================
Appearance:
MS. MONALI BHATT, APP for the Applicant(s) No. 1
========================================================

          CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
 
                                Date : 09/04/2014
                                  ORAL ORDER

1. Present Criminal Misc. Application has been filed by the applicantState under section 378 (1) (3) of the Code of Criminal Procedure, 1973 seeking leave to appeal challenging the judgment and order passed in Special (ACB) Case No.1 of 1995 by the learned Special Judge and 5th Additional Sessions Judge, Jam Khambhaliya, dated 26.09.2013 recording the acquittal for the offences punishable under the Prevention of Corruption of Act, 1988, on the grounds stated in the present application.

2. Heard learned APP Ms. Monali Bhatt for the ApplicantState.

3. Having perused the impugned judgment and order and the reason recorded for the findings and conclusion arrived at in light of the evidence including the testimony of the complainant who has turned hostile, this Court is not inclined to interfere with the impugned judgment and order in light of the broad guidelines laid down by the Hon'ble Apex Court in catena of judicial Page 1 of 2 R/CR.MA/145/2014 ORDER pronouncements including the observations made in a judgment in the case of Chandrappa and others V. State of Karnataka reported in (2007) 4 SCC 415, with regard to scope of acquittal appeals. This Court is in broad agreement with the findings and the conclusion arrived at, which does not call for any interference.

4. Leave is refused. Therefore, present Criminal Misc. Application seeking leave to appeal deserves to be dismissed and accordingly stands dismissed.

(RAJESH H.SHUKLA, J.) Tuvar Page 2 of 2

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