PRAMOD KUMAR SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India has been filed challenging the order dated 23/2/2019, Annexure P/1, passed by the Collector, Bhind directing the Managing Director, Apex Bank, T.T. Nagar, Bhopal to lodge the FIR against the petitioner and other persons.

(2.) It is submitted by the counsel for the petitioner that the petitioner is holding the post of Sahayak Samiti Prabandhak in Prathmik Krishi Sakh Sahakari Sanstha Gijjurra, Tahsil Mehgaon, District Bhind. Some complaints were made against the society with regard to the fraudulent loans distributed to the agriculturists. It appears that an enquiry was instituted at Sub-Divisional level and although no specific finding has been given by the enquiry officer, but still the Collector, Bhind has directed the Managing Director, Apex Bank to lodge the FIR. It is submitted that in the enquiry report, no specific finding has been given about the criminal act of the society and thus, without giving an opportunity of hearing and without considering the stand of the petitioner, no direction could have been given for lodging the FIR.

(3.) Per contra, it is submitted by the counsel for the State that from the enquiry report, it is clear that the petitioner was directed to produce the records, which was not done. Furthermore, it has come to light that forged loans were distributed to various persons, whereas they had never applied for the same and thus, a huge amount has been misappropriated. It is further submitted that for setting the Crime Investigating Agency into motion, no prior hearing is required to be given to the accused persons and thus, it cannot be said that the direction given by the Collector, Bhind to the Managing Director, Apex Bank to lodge the FIR is bad for want of giving personal hearing to the petitioner.