T.R. NARAYANAN Vs. STATE

JUDGEMENT

(1.) THIS criminal original petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 praying to call for the records relating to Calendar Case No. 42 of 2013, pending on the file of the XI Additional City Civil & Sessions Judge cum Special Judge for CBI Cases, Chennai and quash the same.

(2.) IT is averred in the petition that the petitioner has been arrayed as fourth accused in C.C. No. 42 of 2013. The petitioner and one A.L. Nagarathinam have scrutinized the loan papers and forwarded the same to the Indian Bank Circle Office, Chennai -8. The Circle Office, after scrutinising loan papers and its documents, has forwarded the same to the General Manager of the Bank for sanction. One of the prosecution witnesses by name K.B. Nagendra Murthy (General Manager) after having due satisfaction has granted sanction for over draft facilities to the tune of Rs. 250 lakhs (Rupees Two hundred and fifty lakhs). The respondent has conducted investigation and ultimately, filed a final report under Sections 120 (B) r/w 420, 468 and 471 IPC and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. It is further averred in the petition that the petitioner has not done any one of the offences mentioned in the final report and in the said circumstances, the present petition has been filed for getting the relief sought for therein.

(3.) THE only point that comes up for consideration in the present criminal original petition is as to whether the proceeding in C.C. No. 42 of 2013 against the petitioner is liable to be quashed?