JHUNTHA RAM YADAV Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) In this misc. petition U/s. 482 Crimial P.C., First Information Report No. RC 12 (A)/98/SPE/JAI dated 17.4.1998 of C.B.I., Jaipur qua the petitioner is challenged on the ground that he is an advocate arid Legal Adviser of the Bank of Baroda, Bais Godam Branch, Jaipur and had no culpability.

(2.) One Ajay Kumar Sharma constituted a firm in the name of M/s. Baba Udyog in the year 1983 and opened an account personating himself as Ashok Kumar Sharma in the name of the above firm in the said Branch. He submitted some documents in order to obtain loan from the Bank in connection with purchase of some machine and submitted four sureties along with four documents to the Bank. On the basis of these documents, the Bank sought opinion from the petitioner and the petitioner who is a counsel of the Bank, gave his opinion. He submitted opinion on the basis of photostat copies as the original papers were not forwarded to him. It is stated that the loan was lateron sanctioned and other credit facilities were give to said firm. Afterwards, the CBI came to know that some mischief had taken place in granting of loan and the first information report was lodged against 5 persons. The petitioner was not arrayed in the said FIR which is Annexure-1 on record. After investigation, the police submitted challan against 4 persons stating in the challan that the case was also made out against the petitioner but kept investigation pending U/s. 173(8) Crimial P.C. against the petitioner. It has been prayed that the FIR qua petitioner and the proceedings qua him may be quashed.

(3.) I have heard learned counsel for the petitioner as well as the learned counsel for the CBI.