BINOD KUMAR KABRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ORDER dated 2 nd March, 2013 passed by the learned Judge, 3rd Special Court, CBI in Special Case No. 29 of 2007 arising out of RCCCAA 2003A0032, CBI/SPE/ACB Kolkata dated 14th August, 2003 under Sections 120B, 420, 467, 468 and 471 of the Indian Penal Code read with Section 13(2), 13(1) ( c ) and 13 (1)(d) of the Prevention of Corruption Act, 1988 corresponding to Special Case No. 29 of 2007 has been challenged. The factual matrix is as follows:

(2.) THE instant case was being RCCCAA 2003A0032, CBI/SPE/ACB Kolkata dated 14th August, 2003 underSections 120B, 420, 467, 468 and 471 of Indian Penal Code read with Sections 13(2), 13 (1)( c ) and 13 (1)(d) of the Prevention of Corruption Act, 1988 corresponding to Special Case No. 29 of 2007 was registered against the petitioner and others on the basis of a written complaint written by Sri S. Roy, Chief Vigilance Officer, Allahabad Bank, Kolkata. The gist of the allegation in the first information report is to the effect that the Chief Manager and Manager Advance of Park Street Branch, Allahabad Bank entered into a criminal conspiracy with various accused persons including the petitioner and thereby unauthorizedly provided cash credit facilities to the companies/firms of the accused persons causing wrongful loss to the tune of Rs.1.95 crores to the Bank and wrongful gain to the said accused persons. The said first information report was addressed to