AKBAR ALI ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has preferred this petition under section 482 of the Code of Criminal Procedure for quashing the impugned order dated 29-3-2004, passed by the Sessions Judge, Bokaro in Cr. Rev. No. 9 of 2004 as also impugned order dated 9-1-2004, passed by the Judicial Magistrate, Bokaro in G.R. Case No.787 of 1997 whereby and whereunder the prayer for discharge of the petitioner was rejected.

(2.) Briefly stated, the complainant Nagen Mahto had filed Complaint Case No.278 of 1986 which was forwarded and, accordingly Chandankiyari P.S. Case No.63 of 1997 was instituted. It was alleged therein that the complainant Nagen Mahto was served with a notice from the Land Development Bank at Chas calling upon to pay the loan amount to the tune of Rs. 11,904/- on information that the complainant had borrowed it from the said Bank. After receiving the notice, the complainant/informant went to the Bank, enquired the matter and conveyed the Manager that at no point of time he had taken loan from his Bank, subsequently a registered letter was sent by him to the Regional Manager of the Land Development Bank, Patna with a request for thorough enquiry. It was alleged that the Manager of the said Bank and the Field Officer in league with other accused persons had taken out loan in the name of informant by committing forgery. It was explained that a loanee was required to produce all the original deeds/documents before the sanction of loan by a Bank, but the documents on the basis of which the alleged loan was granted were not presented in original, rather the photo copies of the originals. It was further alleged that earlier a notice was issued in the name of the complainant Shibu Mahto, son of late Guna Ram Mahto, but the complainant denied Guna Ram Mahto to be his father.

(3.) The complicity of the petitioner Akbar All Ansari appears in the present offence in the manner of allegation that he had issued rent receipt in the name of co-accused Jogindra Mahto showing the complainant/ Informant issueless on the basis of which loan was illegally obtained and misappropriated by making forged documents. After investigation police submitted charge-sheet amongst others also against the petitioner which was resisted on the ground that the rent receipt No.562629 dated 19-2-1984 was never issued by the petitioner, rather at the relevant date the petitioner was posted at Topchanchl Anchal Office and later on he was posted at Chandankiyari Anchal Office from 22-10-1990 to 6-12-1994.