BIMALENDU MALLICK Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is an application u/s 482 of the Code of Criminal procedure for quashing a proceeding of Special (CBI) Case No. 12 of 2011pending before the Learned Judge, Special Court, No. 4, Bichar Bhaban Calcutta arising out of RC No. 0102010A0010 whereby the Learned Special Judge, has rejected the application of the petitioner u/s 239 Cr.P.C. on 18/7/2018 and framed charge against the petitioner u/s 120B/420/417 of IPC and Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act 1988.

(2.) The brief fact of the case is that the instant criminal case was initiated on the basis of written complaint lodged by Canara Bank on 30/3/2010 alleging inter alia that the present petitioner while posted as Branch manager of Canara Bank, Sarat Sarani, Hooghly Branch during 2004-09 entered into a criminal conspiracy with Prabhunath Singh of M/s. M.K. Enterprise, Hooghly, Rajesh Singh of M/s. Sri Mahakali Enterprise Hooghly and others in pursuance of the said conspiracy they cheated Canara Bank to the tune of Rs.25.89 Lakhs by availing credit facilities on the basis of the forge and fabricated financial papers, false valuation report, legal security report in respect of the properties mortgage to the Bank.

(3.) After completion of investigation the CBI submitted charge sheet against the present petitioner and three others before the Learned Special Court, CBI.