LIAN KUNGA Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) LEARNED counsel appearing for the petitioner submits that a F.I.R. was lodged not only against this petitioner who, at the relevant point of time, was In -charge Administrator of Central Co -operative Bank, Daltonganj but also against other officials of the Bank on the allegation that Bank officials in connivance with other Directors of the firm granted loan to the firms excess than the permissible limit by giving go bye to the guidelines. In course of investigation, the Investigating Officer did find culpability of this petitioner also and therefore, charge sheet was submitted, though on the same charge, surcharge proceeding had been initiated against the Bank Officials and also against the petitioner but in the surcharge proceeding, this petitioner was exonerated from the charge and since the quasi judicial authority has exonerated this petitioner from the charge on which charge the petitioner has been put to trial, entire criminal proceeding warrants to be quashed in view of the decision rendered in a case of Radheyshyam Kejriwal vs. State of West Bengal and another [ : (2011) 3 SCC 581]. However, learned counsel appearing for the State submits that unless it is ascertained from the case diary as to on what allegation, charge sheet has been submitted, it cannot be said that on the same charge, the petitioner has been exonerated in a surcharge proceeding and therefore, the matter be adjourned to enable her to file counter affidavit and also to produce carbon copy of the case diary.

(2.) IN view of the submission, let this matter be listed after four weeks so that counter affidavit be filed.