Rongon Mukhopadhyay, J. - (1.) Heard Mr. J. K. Pasari, learned counsel for the petitioner; Mr. R. R. Mishra learned G.P. II for the respondent No. 1; Mr. Deepak Bharti, learned counsel for the respondent Nos. 2 and 3 and Mrs. A. R. Choudhary, learned counsel for the respondent No. 4.
(2.) In this writ application, the petitioner has prayed for quashing of the entire criminal proceedings in connection with Sukhdeo Nagar P.S. Case No. 160 of 2016 corresponding to G.R. No. 1706 of 2016 registered for the offences punishable under Ss. 406/420/120(B) of I.P.C. A further direction has been sought for from this Court upon the concerned respondent not to take any coercive step against the petitioner in connection with Sukhdeo Nagar P.S. Case No. 160 of 2016.
(3.) The prosecution story in brief is that the subsidy amount which was granted to the petitioner by the Director, Jharkhand State Horticulture Mission was not deposited in the account of Indian Overseas Bank. It has been alleged that the petitioner who is the proprietor of M/s. Herbal Heritage had approached the Indian Overseas Branch, Kishoreganj Branch, Ranchi for sanction of loan for buying plant and machinery for her firm. It has been stated that she was given a loan of Rs. Twenty three lacs by 3 loan accounts and the same was covered under the National Horticulture Mission. On the request made by the petitioner to the Director, Jharkhand State Horticulture Mission to provide her 55% subsidy, the same was approved on 4-8-2015 being Rs. 13,75,000/- against the loan amount of Rs. 23 lacs and accordingly, the Indian Overseas Bank requested the State Horticulture Mission to send the subsidy amount to the bank. It has been alleged that on 25-2-2016, the Indian Overseas Bank was informed by the Deputy Director, Horticulture that the subsidy amount granted in favour of the petitioner at her request had been sent to the Bank of Baroda, Ratu Chatti, Ranchi in 2 installments. It has been alleged that on inquiry made by the Indian Overseas Bank, the Bank of Baroda informed that no credit facility was granted to the petitioner by the bank. Based on the aforesaid allegations, Sukhdeo Nagar P.S. Case No. 160 of 2016 was instituted for the offences under Ss. 406/420/120B of the I.P.C.;