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1989 Supreme(SC) 409

M.M.DUTT, S.R.PANDIAN, T.K.THOMMEN
State Of U. P. : State Bank Of India – Appellant
Versus
R. K. Srivastava – Respondent


Advocates:
A.Subhashini, ANIL DEV SINGH, G.RAMASVAMY, MANOJ SAXENA, R.D.UPADHYAY, R.L.Kohli, R.P.KAPUR

JUDGMENT

DUTT, J.:— These two appeals by special leave, one preferred by the State of U.P. and the other by the State Bank of India, are directed against the judgment of the Allahabad High Court whereby the High Court has quashed the criminal proceedings being Crime Case No. 40 of 1983 in the Court of Special Judge, Anti-Corruption, only as against the respondent R.K. Srivastava. In quashing the proceedings in the exercise of its jurisdiction under S. 482, Cr.P.C., the High Court took the view that allegations made in the First Information Report (FIR) did not constitute any offence. In order to appreciate the view of the High Court, it is necessary to refer to the FIR which reads as follows : -

"An information has been received that Shri P.C. Saxena and Shri Ram Kumar Srivastava while posted and functioning as Accountant and Clerk-cum-Godown Keeper in the State Bank of India, Agriculture Development Branch, Budaun, respectively entered into a criminal conspiracy with Shri Sarwant Singh and his wife Smt. Rajwant Kaur, Props. of M/s. National Mill Store, Budaun, during the month of June, 1982 to cheat the State Bank of India, Budaun, and in pursuance of the said criminal conspiracy











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