RENU SAXENA Vs. C B I

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned AGA for the State.

(2.) This application u/s 482 Cr.P.C. has been filed for setting aside the order dated 26.11.2014 passed by the Special Judge, Anti-Corruption, CBI, Ghaziabad Case No. 35 of 2014 arising out of RC No. 120 of 2012 A0003 CBI, ACB, Ghaziabad, under sections 120-B, 420, 467, 468, 471 IPC and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988, PS CBI/ACB, Ghaziabad.

(3.) It has been contended on behalf of the applicant that admittedly the applicant is not a public servant as defined under the Act. The cognizance taken by the trial court is illegal, inasmuch as the order taking cognizance has been passed in a mechanical manner. The matter relates to mis-appropriation of money by playing fraud and cheating against various borrowers of Punjab and Sindh Bank, Branch Diwan Public School, Meerut. The applicant has not drawn any amount of money. The Bank Authority having mis-appropriated the money has falsely implicated the applicant. No criminal liability can be fixed on the applicant. Thus, she is entitled for the relief prayed for.