N ASHOK KUMAR Vs. CBI

JUDGEMENT

(1.) Petitioner has sought for quashing of the order dated 30th December, 2009 in Special C.C. No. 46/2008 passed by the 31st Addl. & Sessions Judge, Bangalore City, insofar as the Petitioner is concerned.

(2.) Petitioner is accused No. 2 in C.C. No. 46/2008. He has been charge-sheeted for an offence punishable under Section 120-B read with Sections 201, 409, 120, 468 and 471 of IPC, further read with Section 13 Sub-section (2) read with Section 13 Sub-section (1) Clauses (c) and (d) of the Prevention of Corruption Act (in short referred to as 'the Act')

(3.) The case of the prosecution is that, accused Nos. 1 and 6 being the Branch Managers of the State Bank of Mysore, Nangli Branch, Kolar district during the period between 20th June, 1998 to 20th June, 2002, they entered into criminal conspiracy with accused Nos. 2 to 5 and 7 to 15 to misappropriate the subsidy amount by making use of the forged document to cheat Karnataka Khadi and Village Industries Board and also to screen the evidence. It is in this regard, the Central Bureau of Investigation (in short referred to as 'the C.B.I.) was authorised to investigate the matter as regard to the misappropriation of large amount. The C.B.I., on making preliminary enquiry, registered the complaint and after conducting investigation submitted charge-sheet alleging that the accused have committed an offence punishable under Section 120B read with Sections 201, 409, 120 and 471 of IPC; further read with Section 13 Sub-section (2) read with Section 13 Sub-section (1) Clauses (c) and (d) of the Act. Accused No. 2-Petitioner herein and accused No. 6 filed an application under Sections 227 and 239 of Code of Criminal Procedure inter alia seeking discharge.