SANJAYKUMAR MAHASUKHLAL (DATRANIA)versusSTATE OF GUJARAT

     R/CR.RA/321/2010                                JUDGMENT DATED: 04/05/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL REVISION APPLICATION NO. 321 of 2010


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

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

             Approved for Reporting                Yes           No

============================================
            SANJAYKUMAR MAHASUKHLAL (DATRANIA)
                             Versus
                  STATE OF GUJARAT & ANR.
============================================
Appearance:
BAILABLE WARRANT NOT RECEIVED BACK for the Applicant(s) No. 1
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR SP HASURKAR(345) for the Respondent(s) No. 2
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
============================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 04/05/2026

                                  JUDGMENT

1)       By way of present revision application under Sections 397 and

         401 of the Code of Criminal Procedure, the applicants have

         sought following relief:-

                 “(B) This Hon’ble Court may be pleased to allow this
                 Criminal Revision Application by quashing and setting
                 aside the Judgment and order passed by learned Spl.
                 Electricity Judge, Baroda, in Spl. Electricity Case No.50 of
                 2006 decided on 17.4.2010.”




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     R/CR.RA/321/2010                              JUDGMENT DATED: 04/05/2026




2)       Prima facie it appears that the applicant was working as Vidhyut

         Sahayak, at that time in connection of the alleged act committed

         by the applicant one FIR being I-C.R.No.174 of 2006, for the

         offences under Sections 409 and 427 of the Indian Penal Code

         and under Section 140 of the Electricity Act, with MGVCL Co.

         Ltd., Police Station, Vadodara,


3)       Having heard the learned Advocate Mr. A. M. Dagli, for the

         applicant and learned Advocate Mr. H. P. Hasurkar, for the

         respondent no.2 - GETCO (PGVCL) and going through the record

         it prima facie appears that after completion of investigation

         charge-sheet is filed which culminated into Special Electricity

         Case No.50 of 2006, which is pending before the learned Special

         Electricity Court, Vadodara and a discharge application at Exhibit

         5 came to be filed under Section 227 of the Code of Criminal

         Procedure. Perusing the evidence it appears that prima facie no

         entrustment of property or no any prima facie evidence which

         suggest involvement or would get attract provision of Section

         406 of the IPC as defined under Section 405 of the IPC i.e.

         offence of criminal breach of trust and in absence of any

         material mens rea or dishonest intention qua offence under the

         IPC either under Section 409 or 427 of the IPC, this Court is of

         the view that no offence is made out under Sections 409 and

         427 of the IPC.



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     R/CR.RA/321/2010                              JUDGMENT DATED: 04/05/2026




4)       In view of the above, no offence is made out under the Sections

         409 and 427 of the IPC against the applicant and he is required

         to be discharged only for the charges levelled under Sections

         409 and 427 of the IPC.


5)       It is clarified that so far the applicant was employed with the

         MGVCL and alleged act covers under Section 140 of the

         Electricity Act, the trial Court may proceed with the Electricity

         Act. Even if any evidence is reveals or lead by the prosecution it

         is kept open for the learned trial Court to take appropriate action

         after giving opportunity to both the parties in accordance with

         law.


6)       Accordingly, the present revision application is disposed of being

         partly allowed. The order dated 17.04.2010 below Exhibit 13,

         in Special Electricity Case No.50 of 2006, passed by the Special

         Electricity Judge, Vadodara, is quashed and set aside up to

         above extent and the discharge application at Exhibit 13, under

         Section 227 of the Code, filed by the applicant is hereby partly

         allowed and the applicant is discharged from the chrages

         levelled under Sections 409 and 427 of the Indian Penal Code

         only.


7)       The learned trial Court is directed to expedite the proceedings of

         the Special Electricity Case No.50 of 2006.




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     R/CR.RA/321/2010                                                              JUDGMENT DATED: 04/05/2026




8)        Interim relief granted earlier stands vacated. Record and

           proceedings, if any, be sent back to the concerned Court

           forthwith.



                                                                           (HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 04/05/2026 16:14:00




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