- (1.) Heard Shri Satish Trivedi, learned Senior Advocate assisted by Shri Ajay Kumar Pandey and Shri Sudeep Harkauli, learned counsel for the applicant, Shri Gyan Prakash, learned counsel for the Central Bureau of Investigation and Shri Ashish Pandey, learned Additional Government Advocate representing the State of U.P. and perused the record of the Case.
(2.) By means of this application under Section 482 of Code of Criminal Procedure (hereinafter referred to "the Code") the applicant, who is a practicing advocate, has prayed for quashing of the impugned charge sheet dated 28.12.2017 and the order dated 02.1.2018 passed by the learned Special Judge, Anti Corruption (CBI) Court No. 3, Ghaziabad whereby the learned Judge has taken cognizance of the offence as well as the entire proceedings of Case No. 01 of 2018 (CBI Vs. Manoj Sharma and others) arising out of FIR No. 0532014S00007 (RD-07(S)/2014/CBI/SCB/LKO, under sections 120-B, 420, 467, 468, 471 IPC and section 13(2) read with 13(1) of Prevention of Corruption Act, 1988, CBI, SCB, Lucknow pending in the Court of learned Special Judge, Anti-Corruption (CBI), Court No. 3, Ghaziabad.
(3.) In nutshell, the facts of the case are that on 01.8.2014 a letter was written by the Deputy General Manager/Regional head, Bank of Baroda, Regional Office, Agra (UP) to the Superintendent of Police, CBI, SCR, Lucknow for registration of the FIR in respect of the fraud committed at the bank of Baroda, Shikohabad Branch, district firozabad, (U.P.) levelling certain allegations of fraud. In the letter three persons were named as accused. On the basis of the aforesaid letter, a case was registered by the Central Bureau of Investigation, Lucknow at case crime No. RC/07(S)/2014/CBI/SCB/LKO nominating three accused persons, unknown bank officers and others. After the completion of investigation, the CBI submitted a charge sheet in which the application has also been nominated one of the as accused. The relevant portion of the charge sheet insofar as the applicant is concerned, reads as under: "(ix) Investigation has further revealed that two guarantors Smt. Radha Rani and Smt. Ram Murti Devi had already expired before sanction of the loan yet their names were shown as guarantors in the loan documents and title deeds bearing Nos. 2292 dated 26.5.1995 and 5811 dated 19.7.2001 in their names and they were deposited in the Bank by the borrowers. Further, in case of Smt. Radha Rani, the property was sold off after death and prior to sanction of the loan.(xi) Investigation has further revealed that the panel Advocate Amitabh Sharma had given false, NEC (Non Encumbrance Certificate ) in case of seven guarantors viz. Smt. Radha Rani, Smt. Ram Murti Devi, Shri Bheem Sen, Shri Girijesh Dixit, Smt. Vimla Devi, Shri Uma Shanker and Shri Ram Sewak showing them as the absolute owners of the properties which is in their possession and fit for creating mortgage.(xii) That in the case of guarantor Smt. Ram Murti Devi, during investigation it has emerged that she had died in the year 2004. However, as per report dated 01.4.2009 submitted by Shri Amitabh Sharma, Panel Advocate mentioned that Smt. Ram Murti Devi was the absolute owner of the property at Khasra Plot No. 81, Khata No. 00402, area of 121 sq. mts. Mauza Sukhmal Pur also known as Indira Nagar, Tehsil and District Firozabad and was competent to create equitable mortgage in favour of the Bank by depositing the original title deed No. 5811 dated 19.7.2001 and the said property is free from all encumbrance. That said report was issued by him after he purportedly searched the record of 30 years in the Sub-Registrar's office.(xiii) That in the case of Guarantor Smt. Radha Rani, it has emerged during investigation that though she had also expired in the year 2002. However, as per the report dated 01.4.2009 submitted by Shri Amitabh Sharma, Panel Advocate it is mentioned that Smt. Radha Rani was the absolute owner of the property at Mohalla Shanker Puri, area of 130 sq mts. Tehsil Shikohabad, district Firozabad and was competent to create equitable mortgage in favour of the Bank by deposit of original title deed No. 2292 dated 26.5.1995 and the said property is free from all encumbrance. The said report was issued by him after he purportedly searched the records of 30 years in the Sub-Registrar's office. Invesgigation also revealed that half of the said property was sold by one of her sons Rajesh Dixit to Smt. Uma Dixit vide title deed No. 5721 dated 22.7.2006 who further sold it to Smt. Longshree vide title deed No. 4988 dated 21.7.2008. The other half of the said property was sold by Shri Yogendra Dixit another son of Smt. Radha Rani to Smt. Manorama Devi vide title deed No. 6039 dated 13.8.2007 who in turn sold it to Om Prakash Sharma vide title deed No. 9438 dated 23.11.2009. The aforesaid title deeds have been registered in the office of Sub-Registrar, Shikohabad, district Firozabad and these facts could have been easily ascertained during the search made by the Panel Advocate Shri Amitabh Sharma in the Sub-Registrar's office. Yet a false report was deliberately submitted by him showing Smt. Radha Rani as the absolute owner of the said property.(xv) That in the case of Guarantor Girjesh Dixit, as per the report dated 21.5.2009 of the panel advocate Amitabh Sharma, he was the absolute owner of the property bearing Mpl No. 25/6, Indira Nagar Khasra No. 399, Mauza Sukhmal Pur, Tehsil Firozabad, the then district Agra, area of 111.8 sq mt and competent to create equitable mortgage by deposit of the original title deed No. 7960 dated 27.10.1984. Investigation revealed that this title deed deposited with the Bank was fake and fabricated during the subsequent search conducted by another panel advocate Shri Jaivardhan Tewari. The boundaries area did not match with the original title deed available in the Sub-Registrar's office.(xvi) That in the case of Guarantors Smt. Vimla Devi, as per the report dated 18.4.2009 of the panel Advocate Amitabh Sharma, he has falsely mentioned that she is the absolute owner of the property bearing Mpl No.. 38/3 lies at Gata No. 366, Mauza Sukhmal Pur, Nizamabad, tehsil and District Firozabad, area of 1500 sq ft. and competent to create equitable mortgage by deposit of the original title deed No. 7586 dated 05.8.1986. Investigation revealed that this title deed deposited with the Bank was fake and fabricated. During the subsequent search conducted by another panel Advocate Shri Jaivardhan Tewari, the boundaries did not match with the original title deed available in the Sub-Registrar's office.(xvii) That in the case of Guarantors Shri Uma Shanker, as per the report dated 15.5.2009 of the panel Advocate Amitabh Sharma, it is mentioned that he is the absolute owner of the property at House No. 270/4, Jain nagar, Mauza Tapa Khurd, Tehsil and District Firozabad, area 106.59 sq. mts. And is competent to create equitable mortgage by deposit of the original title deed No. 2865 dated 09.5.2000. This title deed deposited with the Bank was fake and fabricated. During the subsequent search by another panel Advocate Shri Jaivardhan Tewari, it is revealed that the photograph of the seller, location of the property and the stamp duty did not match with the original title deed available in the Sub-Registrar's office.(xviii) That in the case of Guarantors Shri Ram Sewak, as per the report dated 15.5.2009 of the panel Advocate Amitabh Sharma, it is mentioned that he is the absolute owner of the property at Khasra Plot No. 409, Mauza Sukhmal Pur, Tehsil and District Firozabad, area of 118 sq. mts. and competent to create equitable mortgage by deposit of the original title deed No. 1683 dated 28.3.1998. Investigation revealed that this title deed deposited with the bank was fake and fabricated. During investigation the Sub-Registrar, Firozabad has vide letter dated 08.8.2016 intimated that the boundaries do not match with the original title deed available in the office of Sub-Registrar. Further, there is difference in the typing font and the photograph of the seller. The numerals in the office copy of the title deed are in Hindi whereas the same are in English in the copy available with the Bank.";