DEVENDRA PRASAD SINGH S/O LATE RAM SARAN SINGH Vs. STATE OF BIHAR AND THE SENIOR REGIONAL MANAGER, LAND DEVELOPMENT BANK, MUNGER

JUDGEMENT

(1.) THE petitioner, the sole FIR named accused of Jamui P.S. Case No. 123 of 1991, G.R. No. 793 of 1991, through this application has prayed for the quashing of the entire proceeding arising therefrom including the order dated 22.11.1995 passed therein by the learned Chief Judicial Magistrate, Jamui, whereby he has taken cognizance for offences under Sections 419, 420, 467 and 409 IPC.

(2.) The petitioner has further prayed for the quashing of the order dated 25.1.2000, whereby he has been declared an absconder. The Senior Regional Manager, Land Development Bank, Bhagalpur, impleaded herein as O.P. No. 2, gave a written report to the Officer Incharge, Jamui P.S. on 22.8.1991, inter alia, alleging therein that the sole accused, Devendra Pd. Singh, who at the relevant time was the Branch Manager of the Jamui Branch of the Land Development Bank, had committed forgery in the disbursement of loan to 138 farmers in the year 1987 - 88 and mis -appropriated a sum of Rs. 10,83,000/ - and in order to screen his overt acts he had concealed all the 138 files and when the farmers were approached it was learnt that the Branch Manager had committed irregularities in distribution of the loans. It was also alleged that Branch Manager happened to be the Incharge of the D.B. files and notwithstanding repeated demands he did not submit the 138 D.B. files either at the Headquarters or at the Branch office at Jamui and on being transferred he had left without handing over the files to the new Branch Manager Accordingly legal action against him was prayed for.

(3.) IT appears that after due investigation the police submitted a charge sheet against the sole petitioner and cognizance was taken by the learned Chief Judicial Magistrate vide order dated 22.11.1995 and when he failed to appear in court by order dated 25.1.2000 the petitioner was declared to be an absconder and permanent warrant having been issued against him, the records of the case were directed to be deposited in the Record Room.