MADHESHWAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner.

(2.) THIS application has been filed for quashing of the order dated 7.5.2007 by which on remand the petition of the petitioner under Section 317 of the Code of Criminal Procedure has been rejected by the Court below. Earlier the petitioner had moved this Court for quashing of the order rejecting his prayer for discharge. This Court had found that the learned Court below had not examined the aspect of the matter as to whether the loanees on whose application the petitioner had made recommendations were fictitious persons or non -members of the society or not and therefore the matter was remitted back to the learned Court below to hear the petitioner, call for the records of the Co -operative Society, examine the matter and pass appropriate orders.

(3.) PURSUANT to the order passed by this Court, learned Court below heard the matter again. Records of the Co -operative Society were called for which were not received by the Court below. However, on going through the materials collected during investigation, learned Court below came to the conclusion that the petitioner had recommended for grant of loan to the persons who were ineligible or fictitious persons. Therefore, on the basis of the materials collected during investigation, learned Court below came to the conclusion that prima facie case under Section 120 - B of the Indian Penal Code was made out against the petitioner.