Rajesh Balia, J. - (1.) The aforesaid two petitions under Section 482 of the Code of Criminal Procedure (for short hereinafter to be referred as the Code') are for quashing the very same proceedings pending in the Court of Chief Judicial Magistrate, Nagaur as Criminal Case No. 436 of 1980. Hence, they are being disposed off by one common Order.
(2.) Heard learned counsel for the petitioners as well as the learned Public Prosecutor.
(3.) A First Information Report was lodged on November 28, 1972 by Ramdeen Choudhary, Manager, Nagaur Central Cooperative Bank, Nagaur, Branch Deedwana, before the Station House Officer, Deedwana. According to FIR Molasar Masala Utpadak Sahkari Samiti Limited. Molasar whose Secretary at the relevant time was Jugal Kishore, took loan of Rs. 33975.19 Paisa on August 25 1971 from the Bank and as security for the said loan grind ed red chillies was pledged with at the Bank on that very date. The said pledged goods after weighing were stored in boxes and the boxes were kept with Bhagirath Cashier and Godown Keeper of the Bank, in room No. 2 of the Bank premises. One key of the look was kept with Jugal Kishore. Loan for Rs. 35,000/- was applied for by Jugal Kishore, Secretary of the Molasar Masala Utpadak Sahkari Samiti Ltd. Molasar which was irregularly sanctioned by the Chairman of the Bank. The weighing details were written in the handwriting of Bhagirath. On June 23, 1972 the complainant had come to verify the pledged goods. On verification by Ramdeen in the presence of other members of the Society and local M L.A., it was found that boxes contained stones and sand and not the grind ed red chillies. Hence the first information report on November 28, 1972. Three years later, after investigation in the first instance the police filed challan against Judgal Kishore under S. 420 IPC and against Sugan Singh and Bhagirath Rao only under Sections 420, 468 and 109 1PC on December 24, 1975. On February 23, 1916, Bhagirath moved an application that cognizance be taken against Purshottarn, Jaiprakash Agarwal and Ganga Ram. On this application the Magistrate on January 13, 1977 directed the police to make further investigation and obtain relevant document from the courts in accordance with rules. The investigating agency was directed to complete the investigation and submit its report by February 14, 1977. However it took almost two years before the investigating agency submitted its report. The additional challan was filed on February 27, 1979 against Chaina Ram, Chairman of the Bank, for sanctioning loan beyond his powers and Gangaram the then Branch Manager of the Bank under Sections 420, 467, 468, 408 and 120B IPC, It was also requested that charge of Ganga Ram v. State of Rajasthan . also request that charge of S. 120B may be added against Jugal Kishore, Sugan Singh and Bhagirathram in challan filed against them. On May 20, 1980. the case was transferred to Chief Judicial Magistrate on an application filed by A P P. under S. 322 of the Code on April 16, 1980. Thereafter, Chief Judicial Magistrate took cognizance against Purshottam Soni on September 4, 1981 and issued process to him. On September 26, 1981 bail application of Purshottam Soni was accepted and the Court directed the A P.P to deliver the copies of challan papers to the accused Purshottam Soni. Such copies were not delivered to the accused up to August 24, 1984. On August 24, 1984 also only incomplete copies were delivered. It appears that full set of papers was delivered to said Purshottam Soni. Meanwhile, Purshottam had challenged the Order of the Court taking cognizance against him by revision. The Court recorded on December 6, 1985 that revision of Purshottam has been accepted.;