Court No. - 49
Case :- APPLICATION U/S 482 No. - 19697 of 2018 Applicant :- Satendra Prakash Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Ashok Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard R.B. Prasad holding brief of Sri Ashok Kumar Pandey, learned counsel for the applicant and learned A.G.A. for the State and Sri Sheva Kant Srivastava, learned counsel for the opposite party no.2.
The present application has been filed to quash the charge sheet no. 01 of 2018 dated 16.2.2018 as well as entire criminal proceeding of the Criminal Case No. 1371 of 2018 (State Vs. Satendra), arising out of Case Crime No. 0218 of 2017, under Sections 419, 420, 467, 468, 471, 120B IPC, Police Station Kotwali, District Azamgarh, pending in the Court of Chief Judicial Magistrate, Azamgarh.
Learned counsel for the applicant submits that he was not posted as a manager of the bank at the time, loan was sanctioned in the name of Smt. Tara Devi wife of opposite party no.2, in the year 2010. It is further submitted that subsequently the loan was enhanced by the applicant.
Sri Sheva Kant Srivastava, learned counsel for the opposite party no.2 submits that the opposite party no.2 was the manager when the loan was originally sanctioned. As to the offence, it is submitted that the loan could never have been sanctioned in name of the applicant's wife in the year 2010, since she had expired on 23.8.1997.
In any case, in view of the admitted fact that the applicant was the bank manager when the loan amount was enhanced, no interference is warranted in the present case. The application lacks merits and is accordingly dismissed.
Order Date :- 30.5.2018 Mini