Madhya Pradesh High Court
Rakesh Lawania vs The State Of Madhya Pradesh on 30 November, 2017
THE HIGH COURT OF MADHYA PRADESH
MCRC-8240-2010
sh
(RAKESH LAWANIA Vs THE STATE OF MADHYA PRADESH)
e
Jabalpur, Dated : 30-11-2017
ad
Shri Manish Datt, learned Senior Counsel with Shri Rahul Sharma,
Advocate for the applicant.
Pr
Shri Punit Shroti, learned PL for the respondent no.1/State.
a Shri R.N. Dwivedi, learned counsel for the respondent no.2.
hy Heard.
ad This petition under section 482 of the Cr.P.C. has been preferred for M quashment of the proceedings of criminal case no. 2587/2009 pending against the applicant before the J.M.F.C. Rewa with regard to the trial for of the offence punishable under section 201 of the I.P.C.
rt The facts giving rise to this petition are that the respondent no. 2 has a ou saving bank account in the State Bank of India, Main Branch, Rewa and from his account on 29/11/2006, Rs. 25,000/- and on 8/12/2006, Rs. C 50,000/- were withdrawn by third person with the connivance of the h bank employees. The matter was reported to the Senior Officer of the ig Bank and in the inquiry it was found that with the connivance of the H bank employees namely Roshanlal Mishra and Shivanand Shukla the aforesaid amount was withdrawn by one Chakradhar Tiwari and his father Sashikant Tiwari and later on, they deposited the aforesaid amount. Thereafter, the matter was reported to the police and crime no. 721/2006 has been registered for the offence punishable under sections 420, 467, 468, 469, 471 read with section 34 of IPC and after the investigation, I.O has filed the charge sheet against Chakradhar Tiwari. Later on, applicant filed the complaint before the JMFC, Rewa stating that I.O., bank employees including the respondent no.2 and father of Chakradhar Tiwari to save the other employees of the Bank and father of Chakradhar Tiwari deposited the aforesaid amount in the Bank and made efforts to destroy the evidence of the case with a view to screen sh the actual culprits of the offence. The learned trial Court took the cognizance against the applicant under section 201 of IPC which is e ad under challenge. Hence, the proceedings relating to the prosecution of the applicant so far as it related to offence u/s 201 of IPC be quashed.
Pr On the other hand, learned PL as well as counsel for respondent no.2.
a opposed the submissions made on behalf of the applicant and prayed hy for rejection of the petition.
ad Having considered the contention advanced by learned counsel for the parties and on perusal of record, in view of this Court, the applicant who M was working in the Bank as Assistant General Manager have no role in of the offence except to grant permission to deposit the money which was wrongly withdrawn by Chakradhar Tiwari. In the aforesaid rt circumstances, if prosecution of the applicant may continue it would ou amount to abuse of the process of the court and cause grave injustice to C the applicant. Hence, this petition by invoking the power u/s 482 of h Cr.P.C is allowed and the proceedings against the applicant pending ig before the JMFC, Rewa, in Criminal Case No.2587/2009 for the offence H punishable u/s 201 of IPC stands quashed and the proceedings for rest of the accused persons will not be effected by this order. With the aforesaid direction, this petition stands allowed and disposed of.
(J. P. GUPTA) JUDGE navin H ig h C ou rt of M ad hy a Pr ad e sh