JAI PRAKASH GUPTA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) BY means of present criminal revision, the revisionist seeks to set aside the order dated 05.04.2013, passed by the Special Judge, Anti Corruption (CBI), Dehradun, in C.B.I., case No. 04 of 2012, captioned as CBI v. R.K. Bhaskar and others, under Sections 420, 468, 471 IPC read with Section 120B IPC, whereby the prayer of the revisionist for discharge was rejected and charges were framed against him for the aforesaid penal sections. Accused No. 3 Jai Prakash Gupta, Advocate, was charge -sheeted by Central Bureau of Investigation in connection with offences punishable under Sections 120B, 420, 468 and 471 of IPC. On the basis of the material collected by the Investigating Agency during the course of investigation, charge for the offences punishable under Sections 120B, 420, 468 and 471 of IPC was framed by the learned Special Judge, Anti -Corruption (CBI), Dehradun, on 05.04.2013. The accused revisionist has challenged the same by way of present criminal revision.

(2.) IT is an admitted fact that the revisionist is a practicing lawyer and was a panel lawyer of Canara Bank. The allegation against the revisionist is that he gave a false legal scrutiny report to the Canara bank to facilitate co -accused Virendra Singh in obtaining the loan fraudulently. It is the contention of learned counsel for the revisionist that the revisionist acted bona fide, and it was only on account of second opinion taken by the bank, that the revisionist was implicated in the case. Learned counsel for the respondent, on the other hand, contended that, in his legal report dated 26.07.2010, Mr. Shankar Saran Agarwal, Advocate (from whom second opinion was sought) mentioned that co -accused Virendra Singh sold the property to various persons even before mortgaging it with the Canara bank on 05.06.2009 and the earlier legal report submitted by the revisionist (in his capacity as panel lawyer of the Canara bank) at the time of mortgage of the property was a false report.

(3.) HON 'ble Apex Court in K. Narayana Rao (supra) also observed as below: