AVASHESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The aforesaid three criminal revisions arises out of Special Case No. 03 of 2008 (C.B.I. vs. Mukesh Arora & others) police station CBI SPE Dehradun under Sections 120-B, 420, 467, 468, 471 I.P.C. and 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988 CBI, SPE, Dehradun challenging the impugned order dated 3.10.2011 passed by Special Judicial Magistrate (CBI) Ghaziabad by which the discharge application of the revisionists under Section 227/239 Cr.P.C. was rejected by trial court by a common order, hence all the three revisions on behalf of all the revisionists are being being decided by a common judgement by this Court.

(2.) Brief facts of the case are that a complaint was sent by opposite party no.4 M.M.P. Srivastava (the then Deputy General Manager, Allahabad Bank, Meerut) on 20.2.2006 to the Superintendent of Police (C.B.I) Special Police Establishment Indira Nagar, Dehradun. On the basis of the said complaint, an F.I.R. has been registered on 28.2.2006 at about 12:30 P.M. which was numbered as Case Crime No. RC0072006A0005 at police station CBI, SPE, Dehradun under Sections 120-B, 420, 468, 471 and 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act 1988.

(3.) The allegations contained in the F.I.R. are that the Meerut City Branch of Allahabad Bank has the facility of A1-Trade Cell which is a single man window to facilitate trading loans to the small traders, therefore, only one officer of the Bank was authorized to mobilize to process of sanction and to do follow up and all related activities. In respect of the loans beyond the limit of the manager, the approval of the senior competent officers is required.