HASNAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present C-482 application has been preferred by the applicant wherein he has put a question to the charge sheet dtd. 14/9/2020 as well as the impugned summoning order of 28/10/2020 passed by the Chief Judicial Magistrate, Dehradun alongwith the proceedings of Criminal Case No. 3722 of 2020 State vs. Indra Devi Rauthan and others, which is being tried by the court concerned for the offences under Sec. 420, 120-B and 506 of I.P.C. registered at P.S. Kotwali, City Dehradun, District Dehradun.

(2.) An FIR being FIR No. 332 of 2019 dtd. 21/9/2019 was registered at P.S. Kotwali, District Dehradun for the alleged involvement of the named accused persons which include the present applicant for commission of offences under Sec. 120-B, 420 and 506 of the I.P.C. If the FIR itself if taken into consideration which was later on investigated by Investigating Officer, in fact it shows that there persisted some conspiracy between the named accused person by extending a sale deed as mortgaged to obtain a financial assistance from the bank of Rs.45,76,967.62.

(3.) The counsel for the applicant argues that he cannot be attributed to be involved in the commission of offences or in any of the act of extension of financial assistance because that was said to have been exclusively extended to one of named co-accused person Smt. Indra Devi Rauthan and the applicant was not the beneficiary of it. However, the investigation was carried and on its culmination a charge sheet being Charge Sheet No. 223 dtd. 14/9/2020 was submitted by the Investigating Officer after examination of Israr, the Bank Manager, Lokesh Verma, Charanjeet, Balvinder and henceforth. If the conclusion which has been drawn by the Investigating Officer is taken into consideration, it apparently reflects that there has been some connivance of the accused persons alongwith the Bank Manager for the purposes of extension of financial assistance on the basis of sale deed, which was produced before the bank to act as a mortgaged for the extension of financial benefits.