SARITA PATWARI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dtd. 24/9/2018 passed by the learned Judge, CBI Court no. 4, Bichar Bhawan Calcutta, in connection with Special Case no. 05 of 2011 arising out of RC 42(A)/98 dtd. 27/10/1998 under Sec. 120B read with Ss. 420/419/467/468/471/109 of the Indian Penal Code read with Sec. 13 (2) and Sec. 13(1) (d) of the Prevention of Corruption Act, 1988, the present application has been filed under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure.

(2.) The petitioners contended that the instant case was registered on 27/10/1998 pursuant to a source information wherein it was alleged that during the period 1988-89, one Naba Kumar Roy (since deceased) the then Branch Manager, Allahabad Bank, Chinsurah Branch, Hooghly entered into a criminal conspiracy with one Radheshyam Agarwal, Director of M/s. Chiranjee Cold Storage Pvt. Ltd. and unknown others and in furtherance of the said criminal conspiracy, cheated Allahabad Bank at Chinsurah Branch to the tune of Rs.64,97,603.19 by committing forgery in the process of disbursing loan sanctioned by the bank, in favour of farmers/potato growers, violating the procedures laid down by the bank.

(3.) It is further submitted that the investigating agency after completion of perfunctory investigation of the instant case submitted charge sheet vide charge sheet no. 48 of 2002 dtd. 30/9/2002 for alleged commission of offences punishable under Sec. 120B read with Ss. 420/419/467/468/471/109 of the Indian Penal Code read with Sec. 13 (2) and Sec. 13(1) (d) of the Prevention of Corruption Act, 1988 against eight accused persons including the petitioners herein.