- (1.) The present application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Special Case No. 29 of 2014 (C.B.I. Versus A.V. Hanumanthappa and other), arising out of Case Crime No. R.C. SIA 1998E 0001, under Section 120-B, 420, 467, 468, 471 I.P.C. and Section 13(2) read with 13(1)(D) Prevention of Corruption Act 1988, Police Station C.B.I., S.I.U.-XI New Delhi, District Firozabad pending in the Court of Special Judge C.B.I. Court No. 3, District Ghaziabad. Further prayer has been made to stay further proceedings of the aforesaid case.
(2.) Heard Sri O.P. Rai, learned counsel for the applicants, learned A.G.A, Sri Manoj Kumar Singh, Advocate holding brief of Sri Siddharth, learned counsel appearing on behalf of the respondent no.1 and Sri Gyan Prakash, learned counsel appearing on behalf of the C.B.I.
(3.) Brief facts of the case are that the first information report was registered on 21.05.1998 on the complaint of Sri B.R.R.Rao, General Manager and Chief Vigilance Officer, Canara Bank, Head Office, Bangalore with the allegation that Sri A.V. Hanumanthappa while functioning as Manager Canara Bank Sadar Bazar, Firozabad during 1994-97 entered into a criminal conspiracy with the Director of M/s Comet Glass Limited (hereinafter referred to as "CGL") to cheat Canara Bank in the matter of sanction of release of various facilities against norms of bank by abusing his official position, he released open cash credit (OCC) loans against non-existing stocks, discounted bogus bills of exchange presented by CGL and allowed some of the Directors of the company to avail over draft facilities without securities and thereby caused wrongful gain to CGL and corresponding loss to the bank to the extent of Rs.530 lacs. Sri A.V. Hanumanthappa has functioned as Manager, Canara Bank Sadar Bazar Branch, Firozabad since 27.03.1993 to 30.08.1997 as such he was responsible for release of the sanctioned loans to the borrowers as per guidelines and bank norms. Applicant no.2, Sri A.Vasudevan Nayar, Vice Chairman is one of the promoter Directors of CGL. Sri Pramod Kumar Agarwal, applicant no.3 was the Managing Director of CGL. He was also a promoter director of the Company and Chartered Accountant by profession. After lodging of the first information report, director of the Company and other persons including the applicants, the matter was placed before Superintendent of Police, Central Bureau of Investigation New Delhi who ordered for registration of a case and investigation of the same. The Investigating Officer investigated the case and after concluding the same has submitted the charge sheet against the applicants and co-accused for offence under Sections 120-B, 420, 467, 468, 471 I.P.C. & Section 13(2) read with Section 13 (1) (D) Prevention of Corruption Act, 1988, police station C.B.I., S.I.U.-XI, New Delhi on 28.02.2011.;