KRIPA RAM Vs. STATE

JUDGEMENT

(1.) M. P. Saxena, J. These two applications under Section 482, Criminal P. C. viz. Nos. 7515 of 1979 and 272 of 1980 have been presented by Kripa Ram and Khushi Ram Malhotra respectively for quashing the charges framed against them in case No. 6/74 (State v. Khushi Ram Malhotra and others) pending in the court of the Special Judge, Anti Corruption (West), U. P. Lucknow. They have come up before us for disposal under the following circumstances.

(2.) IN the year 1969 the State Bank of INdia launched a scheme of Agricultural Financing to assist the agriculturists, inter alia, for providing them with loans for the purpose of (1) purchasing pump sets and (2) raising crops. Applicant Khushi Ram Malhotra was working as an Agent of the State Bank of INdia, Nakur, District Saharanpur during the period February 1970 to April 1970. The prosecution case is that during this period the farmers approached the State Bank of INdia for loans. The Agent of the State Bank of INdia, Nakur Branch, (namely Khushi Ram Malhotra) did not entertain their applications on one pretext or the other until the applicants for the loans took assistance of intermediaries to arrange disbursement of loans through the Agent on consideration that they would pay 10% as service charges which was snared by both the applicants and other co-accused as illegal gratification. A first information report about it was lodged by Shri J. P. Kundra, Chief Development Officer, State Bank of INdia, New Delhi on July 15, 1971 at Delhi. INvestigation of the case was entrusted to Sri Jetha Nand, Deputy Superintendent of Police, Delhi special Police Establishment, who embarked on investigation but thereafter he was transferred and all the investigation of the case was done by Bhollan Das, INspector of Delhi Special Police Establishment. He interrogated most of the witnesses and submitted a charge sheet against the applicants and others on October 30, 1974. Thereafter the cognizance of the offence was taken by the Special Judge, mentioned above. He framed charges under Sections 120-B, 165-A I. P. C. and 5 (2) read with S. 5 (1) (d) of Prevention of Corruption Act, 1947, against Kripa Ram Applicant and under Sections 120-B, 161. I. P. C. and 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act, 1947 (under two counts) against Khushi Ram Malhotra.

(3.) KRIPA Ram, another applicant, also moved an application under Section 482, Cr. P. C. for quashing the charges framed against him on identical grounds. It gave rise to criminal Miscellaneous case No. 7515 of 1979. While it was pending Khushi Ram Malhotra came forward with another application under Section 482 Cr. P. C. for quashing the charges on the same grounds on which he had moved the fast application. It gave rise to Misc. Case No. 272 of 1980. Both these applications viz. Nos. 7515 of 1979 and 272 of 1980 came up for hearing before Hon'ble B. N. Katju, J. In his opinion provisions of the new Code were applicable to these cases and in view of Section 468 (2) (c) of this code cognizance of offence under Section 165-A and 161, I. P. C. which are punishable with imprisonment upto three years, could not be taken after the expiry of this period. As this period had expired the learned Special Judge was not competent to take cognizance of these offences. Since Hon'ble Bakshi, J. had taken a contrary view in Misc. Case No. 4382 of 1975 he directed that both the applications be placed before the Hon'ble the Chief Justice for referring the case to Division Bench for disposal. These cases have, therefore, been sent to this Bench for disposal.