RAJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this misc. petition under section 482 of Cr.P.C., 1973 for quashing the FIR No.164/03.08.16 P.S. Bajju, District Bikaner offence under Section 420, 467, 468, 471 and 120- B of IPC.

(2.) Learned counsel for the petitioner has stated that petitioner is practicing lawyer at Bikaner and the petitioner was panel advocate of the various bank and on the request of the banks, petitioner submitted the search reports to the bank on the basis of documents submitted. Counsel for the petitioner has also stated that there is role of the petitioner in creating the documents for providing the loan to the persons who brought the documents. Since, it is a choice and prerogative of the bank either to grant or refuse the loan and as such the allegation on the lawyer for filing report i.e. virtually advice cannot be impleaded as a party accused in impugned FIR.

(3.) On 03.08.2016 the respondent No.2 lodged the FIR and alleged that one Mohd. Rafiq S/o Sh. Alla Bux took an advance loan of Rs. 8.18 lacs by playing cheating with bank and on the basis of forged documents under the Kishan Sambal Yojna. It is also stated by counsel for the petitioner that the land in question was mortgaged by the accused Mohd Rafiq situated at 16 SMD, Murabba No.183/58, 183/50 and 203/02 totaling 48 bighas of land which was already mortgaged. Counsel for the petitioner has also stated that petitioner prepared forged report in favour of the Mohd. Rafiq and supported him by giving it to the bank and FIR was lodged against the accused including the present petitioner.