AMIT BHUPENDRAKUMAR SONI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THE present Criminal Revision Application u/s.397 of the Code of Criminal Procedure has been preferred by the applicant herein � original accused No.17 - fake loanee, in whose account even the amount is alleged to have been credited out of disbursed amount, to quash and set aside the impugned judgment and order dated 29/09/2012 passed by Learned Special Judge, CBI Court No.2 at Mirzapur, Ahmedabad below Exh186 in CBI Special Case No.30 of 2004, by which, learned Special Judge has rejected the application submitted by the applicant herein � original accused No.17, which was submitted to discharge him for the offence punishable under Sections 409, 420, 467, 468 & 471 of the Indian Penal Code as well as Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act,1988.

(2.) FACTS leading to the present Criminal Revision Application, in nutshell, are as under: It appears that the complaint/FIR came to be filed with Central Bureau of Investigation, Bank Securities and Fraud Cell, Mumbai against the Bank Officers of the State Bank of India with respect to disbursement of loans of Rs.1.22 Crores, alleged to have been disbursed by the concerned Bank Officers in favour of accused persons and others inclusive of the applicant alleging that they are fake loanee and the aforesaid amount of loan was disbursed by creating forged documents. Therefore, it was alleged that in all, 21 accused persons inclusive of the applicant, have committed an offence punishable Sections 409, 420, 467, 468 & 471 of the Indian Penal Code as well as Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. That the said FIR, which was given RC No.6(E)2003 was investigated by the Central Bureau of Investigation, Bank Securities and Fraud Cell, Mumbai and on conclusion of the investigation as it was found that the case is made out against the accused persons. Investigating Officer has filed charge-sheet against in all 21 accused persons as far as back on 29/12/2004 before Special (C.B.I.) Court at Mirzapur, Ahmedabad and the same is registered as Special Criminal Case No.30 of 2004. In the charge-sheet, the applicant is shown as accused No.17. Thereafter, after a period of 7 years of filing the charge-sheet before Special (C.B.I.) Court, the applicant herein � original accused No.17 has submitted application below Exh.186 requesting learned Special Judge to discharge him for the offences, for which, he has been charge-sheeted. The said application has been rejected by learned Special (C.B.I.) Court by impugned order. Hence, against the impugned order passed by learned Special (C.B.I.) Court in rejecting the discharge application submitted by the applicant herein � original accused No.17, the applicant herein has preferred the present Revision Application.

(3.) THE present revision application is opposed by Mr.Y.N.Ravani, learned advocate appearing on behalf of respondent No.1 � Central Bureau of Investigation. It is submitted that charge-sheet is filed in the year 2004 and the present application has been submitted by the applicant after a period of seven years. For whatever reason, after period of seven years, charge is not yet framed. It is submitted that it has come on record that out of aforesaid disbursed amount, some amount has gone in the Account of the applicant and, therefore, there is a prima facie case found against the applicant herein and, therefore, it is requested to dismiss the present Criminal Revision Application.