RAJMANI TIWARI Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2013-2-68
HIGH COURT OF MADHYA PRADESH
Decided on
February 20,2013
Rajmani Tiwari
Appellant
VERSUS
STATE OF MADHYA PRADESH
Respondents
JUDGEMENT
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(1.)BY this criminal revision the applicant has challenged the order dated 5.11.2012 passed by the
Additional Sessions Judge, Umaria in ST No.155/2009
whereby his application under Section 319 of Cr.P.C.
was dismissed.
(2.)THE prosecution case, in short, is that in the relevant time, the applicant was working as a Branch Manager of the concerned Bank at Umaria. A scheme was brought by the higher authorities that Kisan Credit Cards be distributed amongst various agriculturists and a target of 15 lakhs was given to the agriculturist society Pali. The scheme was launched to provide easy loan to the various cultivators. It was the duty of the Branch Manager to peruse the entire records and to process, and thereafter to recommend for the loan on the basis of the property of the various cultivators. In the scheme loans were granted to the various cultivators. At the time of recovery, it was found that loan was given to so many persons who did not belong to the particular area in which the Bank has jurisdiction and some of the persons were not the members of the Samiti at Pali. The entire amount of the loan was not distributed to the various cultivators and they were given some portion of the loan and remaining loan amount was received by the Branch Manager and other office bearers. Some of the persons made a complaint to the AJAK Police Station Umaria and investigation took place. After due investigation, a charge sheet was filed.
During the trial so many beneficiaries were examined and they told against the applicant and other office bearers. However, in the cross examination they have admitted about their own conduct and conduct of one Kalawati. The applicant has moved an application under Section 319 of Cr.P.C. that Kalawati, Lalu @ Kunwar Singh and all 46 beneficiaries be made accused in the case.
(3.)THE learned Additional Sessions Judge, Umaria after considering the submissions made by the learned counsel for the parties dismissed all such applications filed by the various accused persons vide impugned order dated 5.11.2012.
(2.)THE prosecution case, in short, is that in the relevant time, the applicant was working as a Branch Manager of the concerned Bank at Umaria. A scheme was brought by the higher authorities that Kisan Credit Cards be distributed amongst various agriculturists and a target of 15 lakhs was given to the agriculturist society Pali. The scheme was launched to provide easy loan to the various cultivators. It was the duty of the Branch Manager to peruse the entire records and to process, and thereafter to recommend for the loan on the basis of the property of the various cultivators. In the scheme loans were granted to the various cultivators. At the time of recovery, it was found that loan was given to so many persons who did not belong to the particular area in which the Bank has jurisdiction and some of the persons were not the members of the Samiti at Pali. The entire amount of the loan was not distributed to the various cultivators and they were given some portion of the loan and remaining loan amount was received by the Branch Manager and other office bearers. Some of the persons made a complaint to the AJAK Police Station Umaria and investigation took place. After due investigation, a charge sheet was filed.
During the trial so many beneficiaries were examined and they told against the applicant and other office bearers. However, in the cross examination they have admitted about their own conduct and conduct of one Kalawati. The applicant has moved an application under Section 319 of Cr.P.C. that Kalawati, Lalu @ Kunwar Singh and all 46 beneficiaries be made accused in the case.
(3.)THE learned Additional Sessions Judge, Umaria after considering the submissions made by the learned counsel for the parties dismissed all such applications filed by the various accused persons vide impugned order dated 5.11.2012.
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