Gujarat High Court
State Of Gujarat vs Suresh Kalidas on 12 February, 2013
Author: Harsha Devani
Bench: Harsha Devani
STATE OF GUJARAT....Applicant(s)V/SSURESH KALIDAS JOSHI....Respondent(s) R/CR.MA/14860/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 14860 of 2012 In CRIMINAL APPEAL NO. 1647 of 2012 =========================================================== STATE OF GUJARAT....Applicant(s) Versus SURESH KALIDAS JOSHI....Respondent(s) ================================================================ Appearance: MR KL PANDYA, PUBLIC PROSECUTOR for the Applicant(s) No. 1 ================================================================ CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI Date : 12/02/2013 ORAL ORDER
1. Mr. K.L. Pandya, learned Additional Public Prosecutor, for the appellant has drawn the attention of this Court to a decision of this Court in the case of Gopal Chandubhai Rana Vs. State of Gujarat , 2008(3) GLR 2026, wherein, this Court has held that the procedure under sections 99 to 101 of the Code of Criminal Procedure is not required to be followed by an officer of the Electricity Board detecting the offence; not following the procedure under sections 99 to 101 of the Code is an irregularity; the prosecution case, if it is otherwise credible, cannot be thrown out on the ground of irregularity; that in respect of an offence of theft of electricity, the delay in lodging the complaint is not fatal to the prosecution case; and that Rojkam by the officer detecting the offence is admissible in evidence, as it is not a statement before the police. It is submitted that the reasoning given by the learned Judge is contrary to the principles laid down by this Court in the above-referred judgment.
2. Having regard to the submissions made by the learned Additional Public Prosecutor, leave is granted and the application is allowed.
(HARSHA DEVANI, J.) UMESH Page 2 of 2