SANJAY KUMAR DALMIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant petition filed under Sec. 438 and 442 of Bhartiya Nagarik Suraksha Sanhita, 2023 is directed against the order dtd. 3/6/2024 passed by the learned Special Judge, A.C.B. at Chaibasa in Misc. Criminal Application No. 1536 of 2023 in connection with Vigilance Case No. 08 of 2020 whereby and whereunder, the application filed by the petitioner seeking discharge has been rejected. Factual Matrix:

(2.) The brief facts of the case as per the pleading made in the instant petition which requires to be enumerated herein, read as under: The petitioner had been made accused in Seraikella P.S. Case No. 118 of 2019 which was instituted for an offence under Ss. 419, 420, 406, 409, 467, 468, 471, 472, 120-B/34 of the Indian Penal Code on the basis of a typed report as contained in Letter No.95 dtd. 21/8/2019 written by Pradeep Kumar Samal, Branch Manager, Jharkhand State Co-operative Bank Limited, Seraikella wherein he has stated that former Branch Manager Sunil Kumar Satpathy in collusion with the petitioner has defalcated a huge amount of bank money through irregular loans in violation of provision of loan manual as reported by the Bank's Internal Committee. It is further alleged by the informant that earlier an inquiry report no.179/SA-Ka was submitted by one Bishal Singh, the Member Cooperative Study Circle before the Secretary of Govt. Agriculture, Animal Husbandry and Co-operative Department stating defalcation of bank fund above 50 crores and in the light of such report, further inquiries were held by combined teams including the Registrar of Cooperative Societies, who conducted inquiry from 7/7/2018 to 10/7/2018 and submitted the report about irregular distribution of loan granted to the petitioner-Sanjay Kumar Dalmia for providing him fiscal gain the manner as follows:-

(3.) After investigation, police submitted charge-sheet against the petitioner for the offence under Ss. 120-B, 420 of IPC and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988.