State of Gujarat vs Rameshbhai Lallubhai Nayka and Others

K.J. Thaker, J.—This is a revision application by the State, assailing the judgment and order of the learned Presiding Officer, 5th Fast Track Court, Surat at Vyara, Dated : 25.01.2008, rendered in Sessions Case No. 24 of 2007, whereby the original accused-respondents, herein, were discharged of the charges framed against them. The original accused-opponents, herein, were earlier asked to remain present before this Court and on that occasion, they had indicated that they would like to continue Mr. Y.M. Thakore as their advocate, who was appointed on their behalf through HCLSC.

The brief facts of the case are that a complaint came to be lodged by one Ghanshyam Shantilal Shah against the respondents, herein, wherein, it was alleged that the respondents have issued a notice through R.P.A.D. to him which contained signature and designation, such as IAS, Special Secretary, Ministry of Finance, Govt. of India, A/c. Bharat Sarkar, A/c. Babubhai Bhavsing, by affixing the official symbol of Union of India at various places on such documents. Said complaint was given Sessions Case No. 24 of 2007, wherein, the trial Court passed the impugned judgment and order. Hence, the present revision.

Heard, Mr. Soni, learned APP, on behalf of the State and Mr. Thakor, learned Advocate, for the respondents and perused the material on record.

From a perusal of the material on record, it transpires that some of the respondents were, earlier, discharged in another case being Sessions Case No. 4 of 1978 and this Court had rejected revision application filed by the State against the said order of discharge. However, the facts in the case on hand are totally different from the earlier one and it appears that just because the accused were earlier allowed to go scoot free, they have committed a crime in a scientific manner by procuring stamp papers. Primarily, reliance was placed on Para-15 of the order passed in earlier criminal case, which could not have been pressed into service for the reason that in the instant case, at least, the accused tried to create false documents, which would fall within the purview of Section 464 of the IPC. Hence, this Court is of the considered view that the learned trial Judge was unduly swayed away by the decision of the Apex Court in A.R. Antulay Vs. R.S. Naik and Others, and some other such decisions. The observations made by the learned Judge in Para-18 of the judgment and order under challenge also appears to be without any basis and cannot be sustained in the eye of law. The act of the accused of procuring government stamps and posing themselves to be acting on behalf of the Union of India, speaks volumes. With a view to see that no prejudice is caused to any of the parties, this Court refrains itself from making any further observations. Thus, this revision application deserves to be allowed. In the result, the revision application is allowed. The complaint of the alleged offence as well as the Sessions Case No. 24 of 2007 are restored to file of the District and Sessions Court, Vyara, and the concerned Sessions Judge is directed to see that the same is disposed of at the earliest, after giving opportunity of hearing to all the concerned. It is, further, clarified that the observations made herein above are purely of prima facie nature and the same will not come in the way of any of the parties. Rule is made absolute, accordingly.