GULAM QUDARAT ULLAH KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition is to quash the proceedings of special sessions case No.14/2012 (State v. Gulam Qudarat Ullah and Ors.) pending before the Court of Special Judge (SC/ST Act) North Bastar, Kanker, arising out of FIR/Cr.No.140/12 registered at Police Station Kanker.

(2.) An application was filed before the Sessions Court under Sec. 320(2) of the Code of Criminal Procedure (henceforth 'the Cr.P.C.') for compounding the offence. The same having been dismissed, the petitioners filed the present petition.

(3.) Case of the prosecution was that the petitioner No.1 Gulam Qudarat Ullah Khan was working as Branch Manager, Dena Bank and the petitioner No.2 Raj Sharma was the Dealer of Tractor whereas one Nathuram Jain was the borrower. It was alleged that the respondent No.3 Mangiya Ram Markam was made as guarantor, in respect of the loan transaction, without his knowledge by forging the documents. He came to know about the said fact when the loan was not being repaid and FIR was registered. After investigation, the offence under Ss. 420, 467, 468, 469, 471 read with Sec. 34 of the Indian Penal Code (henceforth 'the IPC') and Ss. 3(1)(ix)A and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act, 1989') was registered.