RAVINDER SINGH RANA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Petitioner-Ravinder Singh Rana has approached this Court by way of filing the present petition under Section 482 Cr.P.C. for quashing of impugned order dated 15.02.2018 passed by the Special Judge, CBI, Punjab, SAS Nagar (Mohali) (Annexure P-1) in RC No.219 2014 E 0001 of 2014 dated 03.01.2014 under Sections 120-B, 419, 420, 467, 468 and 471 IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, registered at Police Station CBI, EO-I/DLI, New Delhi (Annexure P-2), whereby, the application for discharge of the petitioner has been dismissed.

(2.) Briefly, the facts of the case as made out in the present petition are that Suman Narula and Kajal Narula were having a partnership firm under the name and style of 'M/s SN Exports'. Said firm was dealing with manufacturing of readymade garments at Ludhiana. The firm was having credit facility of Rs. 4.06 Crores from SBI Specialized Commercial Bank, Civil Lines, Ludhiana. A request for enhancement of credit facilities was submitted, which was initially processed by Canara Bank Overseas Branch, Kalsi Nagar, Ludhiana in the month of March 2008. The firm submitted a list of two properties as collateral security at the time of sanctioning and enhancing the credit facility. Out of which one was plot No.17, opposite DIG Police Complex, Jamalpur, Ludhiana worth Rs. 325.08 lakhs and the other was Plot No.1094-D, Model Town Extension, Ludhiana worth Rs. 82.00 lakhs. A case bearing No.RC0962012A0006 titled as CBI vs. D.S.S. Ravindra and others was registered by the CBI. The allegations in the case were investigated and a report under Section 173 Cr.P.C. was submitted before the Court of Special Judge, CBI, Shimla on 22.08.2014. The allegations against the petitioner were that he identified Basant Kaur on affidavit dated 13.06.2008 as it was found in the investigation that one Surinder Kaur had impersonated Basant Kaur. The petitioner along with other accused is facing trial before Special Judge, CBI, Shimla since 2014 and more than 50 witnesses have been examined so far. One other case bearing RC No.219 2014 E 0001 of 2014 dated 03.01.2014 under Sections 120-B, 419, 420, 467, 468 and 471 IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, was registered by the CBI, wherein, final report was submitted before Special Judge, CBI, Patiala, Punjab. The trial of this case is in progress after filing charge sheet.

(3.) This petition has been filed for quashing of FIR on the ground that the petitioner has falsely been implicated in the case on the basis of identification of Basant Kaur made by him on affidavit dated 13.06.2008. Said affidavit has been relied upon by the Investigating Agency. The petitioner moved an application for discharge before the trial Court in case RC No.219 2014 E 0001 of 2014 dated 03.01.2014 by raising various grounds. Said application was dismissed vide order dated 15.02.2018, which is subject matter of challenge in the present petition.