The Gujarat High Court has declined to absolve former IAS officer Pradeep Nirankarnath Sharma in a land allotment case, asserting the existence of a prima facie offense against him. The court highlighted that the trial was in progress, with evidence being presented, making it inappropriate to interfere with the lower court’s orders.
This decision was rendered within the context of an application under Section 482 of the Code of Criminal Procedure, 1973, where Pradeep Sharma contested an order issued by the Chief Judicial Magistrate in Kachchh at Bhuj. The case pertained to a criminal matter registered under Section 239 of the Code of Criminal Procedure, 1973, and was connected to an offense reported with the C.I.D. Crime, Rajkot Zone Police Station. The charges involved Sections 217, 409, and 120B of the Indian Penal Code.
The trial court had initially denied the applicant’s request for discharge, a decision partially upheld by the Revisional Court, specifically the Additional Sessions Judge in Kachchha at Bhuj. The Revisional Court’s order upheld the charges against the applicant for offenses under Sections 409 and 120B of the Indian Penal Code, while discharging the applicant from charges related to Section 217 of the Indian Penal Code.
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