(1.) Exercise of powers under and in terms of provisions of Section 561-A of the Code of Criminal Procedure is sought for by petitioner in petition on hand, so as to set-aside and quash Order dated 8th August 2018, passed by Judicial Magistrate 1st Class (Additional Mobile Magistrate) Kralpora (for brevity 'Trial Court').
(2.) Heard and considered.
(3.) Amongst others, grounds of challenge in petition on hand are: that impugned order against petitioner is bad as no FSL report is on file nor has been obtained from expert authority before filing of charge sheet against petitioner; that impugned order is bad as no sanction has been obtained from competent authority before filing of charge sheet against petitioner; that petitioner can be deemed to be a public servant as he is employee of J&K Bank Limited inasmuch as functions of petitioner as Manager Advance was to recover the loans and not to open accounts as alleged in the charge sheet and, therefore, no charge can be framed against him; that Trial Court has, in a mechanical manner and without appreciating the evidence on record and without having FSL expert opinion, passed impugned order inasmuch as there is only mere suspicion regarding involvement of petitioner in the case; that there is only mere suspicion regarding involvement of petitioner in the CRMC no.467/2018 case; that statement of prosecution witness recorded under Sections 161 and 164 Cr.P.C. nowhere suggests involvement of petitioner in commission of offences as alleged by police in the charge sheet and, therefore, the Trial Court has fallen in error while passing impugned order; that Trial Court, while passing impugned order, has not appreciated that none of prosecution witnesses have deposed that petitioner has not opened bank accounts as alleged by prosecution nor he has made sanction of loans as alleged by prosecution, and that other persons posted in the bank have neither been shown as prosecution witnesses nor they have been examined by investigating agency; that He asserts that