RABIA AHMED KHAN Vs. STATE OF M P

JUDGEMENT

(1.) This revision has been filed by the applicants under Section 397/401 of the Cr.P.C. being aggrieved by order dated 14.2.2014 passed by Special Judge (Lokayukta), Jabalpur in S.T. No. 94/2011 whereby the charges for the offence punishable under Sections 420/120B, 411 of the IPC have been framed against the applicants.

(2.) The facts, in short, giving rise to this revision are that the applicants along with other co-accused persons have been charge sheeted by way of filing supplementary charge sheet for the offence punishable under Sections 420, 201, 203, 204, 217, 218, 406, 409, 120-B, 467, 468, 471 and 474 of the IPC. It is not in dispute that previously other coaccused persons have already been tried in Special Case No. 94/2011 before the Special Judge, appointed for trial of the cases arising out of the cases investigated by the Economic Offence Wing.

(3.) As per prosecution, it is alleged against the applicants that one Kshitij Dubey, Dy. Manager (Operation) of Axis Bank, Model Road Branch, Jabalpur entered into a conspiracy with Amil Shevre, Branch Head, Axis Bank, Jabalpur, Vikash Saxena, Manager, Axis Bank, Jabalpur, Ajay Pandey, Business Development Executive, Axis Bank, Chhindwara and Satish Babu Lodhi, Business Development Executive, Axis Bank, Damoh thereby they misappropriated a huge amount of Rs. 50 Crores, which is alleged to have been deposited by Apex Bank, Bhopal. It is further alleged that co-accused Wahid Siddiqui, Javed Ahmad Khan, Jyotsna Pare, Anil Kumar Gupta, B.D. Bairagi and Phool Miyan also entered into a conspiracy of misappropriation of the aforesaid huge amount of Rs. 50 Crores. In furtherance of aforesaid conspiracy, a fictitious account was opened in the name of Narmada Vikas Pariyojana Phase III and out of the aforesaid sum of Rs. 50 Crores, which were deposited in the saving accounts, FDRs of Rs. 4 Crores were prepared out of which O.D. Facility of Rs. 3,40,00,000/- was taken. It is further alleged that 13 Bank Drafts of Rs. 25 Lacs were prepared in the names of different persons on the instructions of Javed Khan, Jyotsna Pare and Wahid Siddiqui and Azhar Siraj. A sum of Rs. 10 Lacs was unauthorizedly transferred through pay order in the name of Sarika Naik Dubey, wife of Kshitij Dubey. It is further alleged that Rs. 2,05,50,000/- and Rs. 3,57,50,000/- were withdrawn by using O.D. facility against the FDRs of Rs. 1,52,00,000/- and Rs. 4 Crores. The aforesaid amount was misappropriated in the names of different accused persons. It is further alleged that one of the accused has impersonated himself as S.S. Siddiqui and committed forgery and withdrew a huge amount of Rs. 4 Crores for preparation of FDRs and further took O.D. facility without any sanction. The allegations against the applicants are that all these applicants are also involved in the aforesaid conspiracy and they are the beneficiaries of a sum of Rs.1,82,000/-, which is alleged to have been deposited by co-accused Javed Ahmad and the applicants are related to Javed Ahmad.