SUBHRANSU BHUSHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitaer, who is facing prosecution under sections 406, 420, 468, 467 and 120B I.P.C. has filed the present application against the order dated 29.4.99/1.5.95 passed the Judicial Magistrate Ist Class, Banka in Katoriya P.S. Case no. 147/93 (G.R. no. 1093/93) rejecting his application to discharge him from the aforesaid offences on the ground that he has been exonerated in the departmental proceeding initiated against him with regard to the same very allegation which forms the subject -matter of prosecution under the aforesaid sections.

(2.) THE facts necessary for disposal of the present application are that the petitioner at the relevant time was an Assistant in the Katoria Branch of Central Co -operative Bank Ltd. in the district of Banka. The F.I.R. was lodged by the Managing Director of the said Bank on 17.9.93 alleging inter alia that in between 6.4.93 to 12.8.93 Dilip Kumar Bhagat, an Assistant Manager of the aforesaid branch in connivance and in conspiracy with Laddu Prasad Yadav, Cashier, and the petitioner, an Assistant, has misappropriated the money of the Bank by creating forged documents in the Bank Record. The police after investigation submitted chargesheet and thereafter the cognizance was taken.

(3.) LEARNED counsel for the petitioner submitted the same very point which was agitated earlier before this Court. He has stated that with regard to the same allegation a departmental proceeding as well as the criminal prosecution was launched against the petitioner. Now as the petitioner has been exonerated in the departmental proceeding his prosecution is not sustainable in law. In support of the said submission he has relied upon the aforesaid judgment of the Supreme Court.