Sanjaykumar Mahasukhlal (Datrania) vs State Of Gujarat
2026 Latest Caselaw 3111 Guj

Gujarat High Court

Sanjaykumar Mahasukhlal (Datrania) vs State Of Gujarat on 4 May, 2026

                                                                                                                  NEUTRAL CITATION




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

                                                                                                                   undefined




                                 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."

NEUTRAL CITATION

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

undefined

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.

NEUTRAL CITATION

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

undefined

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.

NEUTRAL CITATION

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

undefined

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