RAKHAL KISHORE MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter called as "the Code") to quash the order dated 23.04.1994 of taking cognizance of offence under Sections 477-A/420 of the Indian Penal Code (in short "the IPC") passed by the learned Judicial Magistrate First Class, Kamaskhyanagar in G.R. Case No.8/86 and issuance of process against the present petitioner.

(2.) The factual matrix leading to the case of the prosecution is that the principal accused (Daitari Samanta Singhar @ Sahu) filed an application before the District Industrial Centre, Dhenkanal on 9.9.1983 for grant of loan of Rs.58, 800/- for construction of bricks kiln in his village and thereafter on the recommendation of the Assistant Manager, Orissa State Financial Corporation (in short "OSFC") , the petitioner verified the immovable assets of the loanee and submitted the report of feasibility to take loan of Rs.39000/-. Accordingly, the loan was sanctioned but the State Vigilance, finding some foul play in the sanction of the above loan, lodged FIR against the original accused Daitari Samanta Singhar, the present petitioner and other officials. After due investigation, charge-sheet was submitted against the original accused under Sections 468/471 of IPC. While evidence was led, the learned Magistrate found that the present petitioner and other two officials of the OSFC are also involved with the commission of offence for which he added them for committing offence under Sections 447-A/420 of IPC in exercise of his power under Section 319 of the Code. The said order dated 23.04.1994 passed by the learned Magistrate is under challenge in this CRLMC filed under Section 482 of the Code.

(3.) Mr.D.Nayak, learned Senior Advocate for the petitioner submitted that the learned Magistrate has erred in law by applying the provision of Section 319 of the Code inasmuch as there is no evidence led to implead the present petitioner as an accused because it is the material available on record to show that before recommending or sanctioning of loan, the present petitioner had visited the spot and not only he made spot visit, but also other officials made favourable note after which the loan was sanctioned in favour of the original loanee.