LAWS(PAT)-2016-3-98

SHIVANAND PASWAN Vs. STATE OF BIHAR AND ANOTHER

Decided On March 18, 2016
Shivanand Paswan Appellant
V/S
State Of Bihar And Another Respondents

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

(2.) In substance, the petitioner seeks quashing of prosecution, arising out of Piro Police Station Case No. 258 of 2007, which was registered disclosing offences under Sections 420, 406, 467, 468 and 471 read with Section 120B of the Indian Penal Code.

(3.) The petitioner, at the relevant point of time, was working as a Field Officer in Hasan Bazar branch of State Bank of India. A First Information Report came to be instituted with an allegation that one Mahtab Khan, a co -accused, had approached the informant and assured him of arranging loan from the State Bank of India. Acting upon such assurance, the informant put his signature and marked his thumb impression on certain plain stamp papers, as suggested by said Mahtab Khan. The said Mahtab Khan is said to have photographed the informant with his camera. It is alleged that the informant did not receive any loan amount thereafter, but a notice, from the State Bank of India, Hasan Bazar Branch, asking him to deposit an amount of Rs. 29,199/ - against the loan taken by him. Thereafter only, allegedly, the informant learnt that with the connivance of the Branch Manager of the Bank, Karim Ansari, said Mahtab Khan had withdrawn loan amount to the tune of Rs. 24,000/ - and with these allegation, the informant lodged Piro Police Station Case No. 258 of 2007, for the offences punishable under Sections 420, 406, 467, 468, 471 read with Sec. 120B of the Indian Penal Code.