GHULAM RABBANI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The revisionist, at the relevant time, was working as Branch Manager under the Assam State Warehousing Corporation (in short "the Corporation"), at Raha. A police case being G.R. No. 761/85 u/S. 120-B/477-A/420/109 of the Indian Penal Code has been registered against the revisionist preceded by a complaint filed by the Managing Direcor of the Corporation dated 21-3-85 stating, inter alia, that with the purpose of making wrongful gain to himself the revisionist along with other accused entered into criminal conspiracy by fraudulently manipulating the Corporation's records and documents in issuing warehouse receipts showing shortage of warehouse items worth of Rs. 76,08,527/- against the Corporation's Godown at Raha whereas the actual shortage of goods worth only Rs. 7,20,518/-. It is further stated that in order to cause wrongful loss to the Corporation and wrongful gain to himself he obtained Bank loans pledging the above warehouse receipt with the Bank during the period from January, 1979 to January, 1982 and thereby cheated the Assam State Warehousing Corporation to the sum of Rs.69,44,509/-. After completion of investigation, the police filed charge-sheet under Section 120-B/477-A/420, IPC on 16-12-88. The learned Chief Judicial Magistrate, Nagaon by its order dated 19-10-92 after hearing the prosecution and the defence framed charges under Section 420/477-A/120-B, IPC against the petitioner and other accused.

(2.) This petition under Section 482, Cr.P.C. read with Section 401, Cr.P.C. has been filed with a prayer to quash the First Information Report and the charge-sheet submitted pursuant to the FIR and also the order dated 19-10-92 framing charges against the revisionist along with others.

(3.) Before I proceed further, I may at this stage point out that another revision petition being Cri. Revision No. 533/92 filed by other accused persons who were charge-sheeted along with the revisionist has been dismissed by this Court on 28-2-94. It is unfortunate that the dispute of the present case, similarly situated with the Criminal Revision No. 533/92, which has been dismissed by this Court as stated above, has been (sic) in cold storage since from 1992 after obtaining an interim order dated 2-4-93 suspending further proceeding before the learned Chief Judicial Magistrate, Nagaon in GR Case No. 761/85.