RASIK BEHARI MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Section 397 r/w Section 401, Cr. P. C. is directed against the order dated 6-2-2002 passed by the Special Judge, CBI Cases, Jaipur in Special Case No. 1/97, whereby charges under Section 168, IPC and Section 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988 have been framed against the accused-petitioner.

(2.) Brief facts of the case are that one FIR dated 15-4-1996 was lodged by the S. P., CBI, Jaipur wherein it was given out that the petitioner Shri R. B. Mathur while working as Divisional Manager, LIC of India, Jeevan Prakash, Jaipur during the year 1994-95 hatched a criminal conspiracy with Smt. Prem Bihari Mathur, Proprietor of M/s. Dream House Developers & Colonisers, Jaipur to commit the offence of criminal misconduct and cheating. In pursuance of the said criminal conspiracy they dishonestly and fraudulently got sanctioned form loan of Rs. 30 lacs and obtained loan of Rs. 10,48,800/- by creating security by way of equitable mortgage of property D-29, Patrakar Colony, Jaipur to the UCO Bank, Ajmer Road, Jaipur on 11-10-1995 by misrepresentation and preparing false documents knowingly that petitioner Shri R. B. Mathur was not the absolute owner of the said property. The above acts of the petitioner and his wife Smt. Prem Kumari Mathur prima-facie discloses commission of offence punishable under Sections 120-B r/w 420, 467/468 and 471, IPC and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 (for short 'the P. C. Act, 1988) and substantive offences punishable under Sections 420, 467/468 and 471 and 13(2) r/w 13(1)(d) of the P. C. Act, 1988.

(3.) On the basis of the said report the case was registered against the accused- petitioner and after investigation the CBI submitted charge-sheet against the petitioner in the Court of Special Judge, CBI Cases, Jaipur under Section 168, IPC and Section 13(2) r/w Section 13(1)(d) of the P. C. Act, 1988. The Special Judge after submission of the charge-sheet framed charges against the accused-petitioner for the offences under Section 168, IPC and Section 13(2) r/w Section 13 (1)(d) of the P. C. Act, 1988 vide its order dated 6-2-2002.