HARIKISHAN TUTEJA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition has been preferred under Section 482 of the Code of Criminal Procedure (for short "the Code") for quashing the proceedings in Special Case No.3/2012 pending before Special Judge (under the Prevention of Corruption Act, 1988) (for short "the Act") at Narsinghpur.

(2.) ALLEGATIONS against the petitioner are that he, being an Advocate empanelled with State Bank of India, Narsinghpur, in collusion with co - accused Field Officer Deepak Diwan and Santosh Patel, recommended the title documents for loan in, as many as 18 cases, which later on were found to be manipulated and, consequently, substantial loss was caused to the Bank.

(3.) LEARNED counsel for the petitioner submitted that in the First Information Report, as well as, in the statement of Shri Manoj Rastogi, Regional Manager dated 13/9/2010 and report of the enquiry conducted by Shri P. K. Verma, Chief Manager, on 7/5/2010 allegations have not been leveled against the petitioner but only against Deepak Diwan, Santosh Patel and Somnath Singh Nazir who had issued certified copies of the documents. According to him, the petitioner had given his legal opinion on the basis of the documents supplied to him, and, his report and the accompanying documents of title were subsequently manipulated. He further submitted that the Economic Offences Wing had no jurisdiction to investigate the matter against a private person.