PK SAMAL Vs. STATE OF M P

JUDGEMENT

(1.) WITH the consent of the parties, the matter is finally heard. By this application under section 482, CrPC, the applicant, who is Branch Manager of State Bank of Indore, has prayed for quashing of the First Information Report No. 50/02. A Copy of the First Information Report is filed by the applicant as Annexure 11. The name of the applicant is mentioned at Serial No. 7(2) of the FIR.

(2.) THE contention of Shri Vilas Tikhe, learned counsel for the applicant, is that there are absolutely no allegations against the applicant in the said First Information Report. The said FIR was lodged on 7.3.2002 on the basis of the complaint (Annexure A/8) filed by Ramesh S/o Rajaram Yadav.

(3.) AFTER perusing the complaint and FIR, I find that the submission made by Shri Tikhe, learned counsel for the applicant, has a force. In the entire FIR and the complaint (Annexure A/8), the complainant has not made any allegation against the present applicant, still he is included in the FIR at serial No. 7(2).