G S MAKKAR Vs. C B I

JUDGEMENT

(1.) Instant petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred as "the Code." in short) for quashing of FIR No.RCCHG2004A0028 dated 24.11.2004, registered at Police Station Central Bureau of Investigation (hereinafter referred to as "CBI" in short), Chandigarh, under Sections 120-B/420/467/468/471 of Indian Penal Code read with Sections 13 (2) and 13 (1) (d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the PC, Act") (Annexure P-2) and order dated 15.09.2007 (Annexure P-6) whereby the learned Special Judge, CBI, Punjab, Patiala rejected the cancellation report and ordered re-investigation.

(2.) The brief facts of the present petition are that the petitioner joined Punjab and Sind Bank on 28.10.1976 as an officer and claims that throughout his service career, his record is unblemished. The petitioner at the relevant point of time was posted as Branch Manager w.e.f 09.09.1995 to 30.06.1999 at Master Tara Singh Memorial College for Women, Branch Ludhiana and thereafter from 01.07.1999 to 29.01.2001 at Sherpur Branch at Ludhiana and w.e.f 31.01.2001 to 31.01.2004 at Jagraon Branch.

(3.) During this period, respondent no.2 bank alleged a fraud of Rs.88,54,744/- against the petitioner in the three branches at Ludhiana, Jagroan, Sherpur and MTSN College Branch. Respondent no.2 vide letter dated 23.11.2004 on the allegations of illegalities/irregularities alleged to have been committed by the petitioner, sent a complaint to the SSP, CBI, Sector 30, Chandigarh and on the basis of same, aforesaid FIR was registered. It is further averred that having thoroughly investigated the matter, vide Annexure P-5, the closure report was submitted by the CBI for acceptance by the Special Judge, CBI, Punjab, Patiala. Learned Special Judge vide impugned order dated 15.09.2007 (Annexure P-6) after considering the evidence on record referred the matter back for "re-investigation" by associating the complainant and collective the evidence pointed out by the complainant and further investigating officer was directed to place all the relevant papers/record before the competent authority to enable it to apply its mind and then to consider the aspect of grant of sanction for prosecution of the petitioner under Section 19 of the PC Act. In pursuance to the said order dated 15.09.2007, the authorities have further investigated the matter and collected some evidence against the petitioner. Thereafter, final report (Annexure P-7) has been submitted. From the perusal of final report, offence under Sections 420/467/468/471 of the IPC and Section 13 (2) read with Section 13(1) (d) of the PC, Act, 1988 are alleged to have been made out and for that reason, the report has been submitted before the learned Special Court.