M B RAJANIKANTH Vs. STATE INSPECTOR OF POLICE

JUDGEMENT

(1.) The Petitioners, who are the former employees of the Vijaya Bank, a nationalized Bank (for short, "the Bank") originally filed the present Writ Petition seeking quashing of the First Information Report bearing No. RCVSP2007A0021 of SPE: CBI, Visakhapatnam, dated 05.12.2007 and C.C. No. 6 of 2009 on the file of the Special Judge for CBI cases, Visakhapatnam by issue of a writ of Mandamus. At the instance of the Petitioners, the prayer has been amended by including C.C. Nos. 18 of 2010, 19 of 2010 and 20 of 2010 in the prayer for being quashed.

(2.) The facts, which are necessary for disposal of this Writ Petition, are briefly set-out hereunder.

(3.) Petitioner No. 1 was the Manager and Petitioner No. 2 was the Assistant Manager of the Bank of Patamata branch, Vijayawada. During their tenure at Patamata branch, they faced allegations in connection with sanctioning and disbursing of loans to a tune of Rs. 57.95 lakhs in favour of eight borrowers on the strength of fake and forged documents. Following a departmental enquiry, the matter was entrusted to the Central Bureau of Investigation (CBI). On the instructions of Respondent No. 2, Respondent No. 3 sent a report, which was registered as FIR No. RCVSP2007A0021 by Respondent No. 1 on 05.12.2007 for the offences under Sections 120-B, 420 and 471 of the Indian Penal Code (IPC) and under Sections 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, "the 1988 Act"). After a thorough investigation, Respondent No. 1 has filed charge sheet No. 2 of 2009 and the case was taken on file as C.C. No. 6 of 2009 by the Special Judge for CBI cases, Visakhapatnam for the offences under Sections 120-B, 420, 468, 471 and 477-A IPC and Sections 13(2) read with Section 13(1)(d) of the 1988 Act. After the issue of process by the Special Judge for CBI cases, the present Writ Petition is filed seeking quashing of FIR and criminal proceedings.