SUBINAY DUTTA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This Revisional application has been filed with a prayer for quashing the impugned order No. 08 passed by the Ld. Judge, Special (CBI) Court No. 1, Calcutta in Special (CBI) Case No. 04/2013 on 18. 02. 2014, and also the proceedings of the aforesaid case.

(2.) The petitioner at the relevant time was working as an LDC in the CBI establishment at Port Blair. In order to procure loan to the tune of Rs. 2.65 Lakhs, he is alleged to have submitted a forged and fictitious Certificate purportedly issued by his Superior officer, along with a similarly fictitious Pay Certificate showing inflated figures of his salary, to make him eligible to obtain the said loan. The loan was granted by the Bank, but the Certificate and Salary Slip were sent for verification to his establishment, after which the alleged forgery was detected. Consequently the case was drawn up against him by the CBI, which subsequently submitted a Chargesheet U/S. 13(2) of the Prevention of Corruption Act, as well as Sections 420, 468 and 471 of the IPC. The petitioner filed an application under Section 227 of the CrPC, which was substantially rejected by the Trial Court vide the impugned order. The Ld. Trial Court held that the offence U/S. 13(2) of the Prevention of Corruption Act is not made out in the case, but the petitioner is liable to face trial for the remaining offences under Sections 420, 468 and 471 of the IPC. Being aggrieved by such decision, he has filed this Revisional Application.

(3.) His contention is that no case against him can be made out since he has meticulously paid up the loan obtained by him from the Bank, and so at no point of time he had caused any 'Wrongful gain' to himself, or 'Wrongful loss' to either the Bank, or to his Superior authorities. Some decisions have been cited on his behalf to support his contention.