S K MIGLANI Vs. STATE

JUDGEMENT

(1.) The name of the petitioner (a bank employee) figured in the investigation into first information report (no.432/2000) of police station Kotla Mubarakpur for the offences punishable under Sections 409, 201, 419, 420, 467, 468, 471, 120 B of Indian Penal Code, 1860 (IPC). The police, upon completion of the investigation, submitted report under Section 173 of the Code of Criminal Procedure, 1973 (Cr. PC), inter alia, seeking his prosecution, the gravamen of the accusations (charge) primarily being that he had authorized the opening of a fictitious saving bank account in connivance with the coaccused Praveen Kumar Arora, to facilitate encashment of a cheque amounting to Rs. 2,22,263/- issued by Delhi Development Authority (DDA) obtained by way of a fraudulent refund.

(2.) Upon cognizance being taken on the above-said charge-sheet, the petitioner stood summoned as one of the accused. The petitioner after putting in appearance moved an application seeking discharge on the ground that the prosecution initiated without a sanction under Section 197 Cr.PC was bad in law. The Chief Metropolitan Magistrate considered the said submission and also the issue of charge by a common order passed on 03.12014. He rejected the contention of the petitioner vis-'-vis the provision contained in Section 197 Cr. PC observing, inter alia, that the evidence presented before the court would show that he (the petitioner) had forged the signatures of Gautam Dhar on account opening form, the act of committing forgery not being an act done in discharge of official duties by him, taking this view by placing reliance on the decision of the Supreme Court in Parkash Singh Badal and Anr. Vs. State of Punjab and Ors., (2007) 1 SCC 1 to the following effect :-

(3.) Upon consideration of the material, the Chief Metropolitan Magistrate found charge made out against the petitioner for offences punishable under Sections 465, 120B IPC, this in contrast to the order directing charge to be framed against co-accused Mahender Kumar, H.R. Sharma, S.C. Chugh and V.D. Nanda for the offences under Sections 409, 120 B IPC, against co-accused Praveen Kumar, S.K. Khanna and S.K. Goel for offences punishable under Section 471, 120B IPC and against the co-accused M.L. Ahuja and Asha Gupta for offences under Section 201, 120B IPC.