ANJANI KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these Cr. Misc. Case Nos. 25163 of 2013 and 43898 of 2013 arise out of the common order dated 10.12.2012 passed in Complaint Case No. 1551(C) of 2011 by the learned Judicial Magistrate 1st Class, Patna, and, therefore, they have been heard together and are being disposed off by this common order.

(2.) These two quashing applications have been filed against the order dated 10.12012 passed by the Judicial Magistrate, 1st Class, Patna, by which the learned Magistrate has found prima facie case for the offences under Sections 323, 504, 448 and 34 of the Indian Penal Code against the petitioners.

(3.) The prosecution case as per the complaint filed by the opposite party No. 2 is that the petitioner of Cr. Misc. 25163 of 2013 was working as Assistant General Manager, State Bank of India, Audit Department, LHO, Patna, and the petitioner of Cr. Misc. 43898 of 2013 was the then Branch Manager, State Bank of India, Ashiana Nagar Branch. Patna. The complainant opposite party No. 2, his father and wife of late Rekha Kumari owned and possessed a piece of land appertaining to Plot No. 447 (part) and 380, Khata No. 45 measuring 1575 Sq. feet situated behind Beur Jail at Patna. They applied to the Branch Manager, State Bank of India, Ashiana Nagar Branch, Patna, for Housing Loan and a sum of Rs.8,64,000.00 was sanctioned in two parts. The first part of loan amount was to be paid in 180 monthly instalments of Rs.6,000.00 within a period of 14 years whereas the second part of the loan was to be paid in 168 monthly instalment of Rs.2,931.00. The complainant and his father regularly paid instalments to the tune of Rs.2,42,000.00. The wife of complainant Rekha Devi died on 18.11.2007 and information about her death was given to the Branch Manager (accused No. 2). As per direction of accused No. 2, an application along with death certificate was also given on 16.7.2010 in the said Branch.