PUMKHOGIN GUITE Vs. STATE OF MANIPUR AND ANR.

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 2.8.2013 passed in Cril (P) Case No. 3 of 2011 by the learned Chief Judicial Magistrate, Churachandpur, Manipur, by which it was directed that the charge for offence under Sec. 409 Penal Code shall be framed against the appellant and another person, even though C.B.I while submitting the report under Sec. 173 Cr.P.C did not prefer to level any charge against the petitioner on the ground that his acts of omission and commission relating to the incident of fraudulent withdrawal of Rs. 4.5 crores from the United Bank of India, Churachandpur Branch, were due to threat meted out to him by the other accused persons, and proposed his discharge from the case.

(2.) The brief facts as may be relevant for the purpose of consideration of this revision petition may be stated as follows.

(3.) It has been stated that the ZRA cadres had threatened the petitioner and the Head Cashier of the Bank namely, Benjamin Hmar to co-operate with them for withdrawal of money from the Bank. It has been stated that the petitioner was threatened by the Liankiamlou Guite, the accused ZRA cadre on 28.09.2009 over phone. Not only that, the said ZRA cadre also went to the house of the petitioner and threatened him in front of his family members with dire consequences in case he did not allow withdrawal of money from the said account of the Executive Engineer, DRDA.