2007 Supreme(SC) 1270
S. H. Kapadia & B. Sudershan Reddy
Bank of Rajasthan PETITIONER:
Versus
Keshav Bangur & Another RESPONDENT:
Appeal (crl.) 1327-1328 of 2007
CRIMINAL APPEAL NOS. 1327-1328 OF 2007 (ARISING OUT OF S.L.P. (CRL.) NOS. 5566-5567 OF 2004)
W I T H
Crl. Appeal Nos 1329-1330 of 2007 arising out of SLP (Crl.) Nos.5568-5569 of 2004, Crl. Appeal Nos 1331-1332 of 2007 arising out of SLP (Crl.) Nos.5572-73 of 2004, T.P. (C) Nos.236-243/2002, T.P. (Crl.) os.387-
388/2004 and T.P. (Crl.) No.82/2005 Crl. Appeal No 1333 of 2007 arising out of SLP (Crl.) No.634 of 2005,
Crl. Appeal No 1334 of 2007 arising out of SLP (Crl.) No.635 of 2005, Crl. Appeal No 1335 of 2007 arising out of SLP (Crl.) No.781 of 2007, T.P. (Crl.) No.104 of 2004
Decided on: 03/10/2007
Headnote:Accordingly, the above matters are disposed of with no order as to costs
JUDGMENT
KAPADIA, J.
1. Leave granted.
2. Akhil Bhartiya Karamchari Sangh filed Writ Petition No.2094 of 1999 in the Rajasthan High Court alleging that Bangur Group ("Bangurs" for short) was responsible for siphoning off funds of the Bank of Rajasthan ("BOR" for short). As per the order dated 27.9.99, the CBI registered a preliminary enquiry. This was on 25.10.99. CBI submitted Interim Reports between 28.3.00 and 14.7.00. On 11.12.00, CBI submitted its Final Enquiry Report. Vide order dated 27.4.01 the Single Judge directed BOR to file criminal complaints. Against the said order dated 27.4.01, BOR filed special appeal before the Division Bench of Rajasthan High Court saying that since CBI had enquired into the whole matter it (i.e. CBI) should alone be directed to continue with the investigation. Vide Order dated 31.5.02, the Division Bench directed CBI to continue with the investigation. Pursuant to the said order dated 31.5.02 CBI registered sixteen cases and filed charge sheets as per details given below: S.No.Case No.Name of the branchAmount involved in Rs.Name of the Court where the FIR was registeredDate of filing charge sheet, if anyName of the Court where the charge sheet was filedPresent status1RC9/E/02-KolCBI/EOW/Kol3 croresLd. 3rd Spl. Judge, Kol.03.06.04Ld. 3rd Spl. Judge, Kolkata.Cognizance has since been taken and further progress is pending awaiting orders2RC10/E/02/Kol.CBI/EOW/Kol.15.105 croresLd. 3rd Spl. Judge, Kol.25.11.04Lrd. 3rd Spl. Judge, Kolkata.Charge sheet filed in the Court but further progress is pending awaiting orders.3RC11/E/02-Kol.CBI/EOW/Kol.2 croresLrd. 3rd Spl. Judge, Kol.12.10.04Ld. 3rd Spl. Judge, KolkataCharge sheet filed in the Court but further progress is pending awaiting orders.4RC 12/E/02-KolCBI/EOW/Kol.46.50 lacs.Lrd. 3rd Spl. Judge, Kol.02.04.04Ld. 3rd Spl. Judge, Kolkata.Cog. Has since been taken, but further trial is pending awaiting orders5RC13/E/02-Kol.CBI/EOW/Kol.1,07,66,265/-Ld. 3rd Spl. Judge, Kolkata ---Ld. 3rd Spl. Judge, KolkataInvestigation completed but charge sheet not accepted by the Ld. 3rd Spl. Judge, Kolkata awaiting orders6RC14/E/02-Kol.CBI/EOW/Kol.498.82 lacs.Ld. 3rd Spl. Judge, Kol.08.04.03Ld. 3rd Spl. Judge, KolkataCognizance taken by the Court of the Ld. 3rd Spl. Judge, Kolkata was quashed by the Hon'ble High Court of Kolkata and was further investigated as per the orders of the Hon'ble High Court. Further investigation has been completed but supplementary charge sheet is ready to be filed in the Ld. 3rd Spl. Judge, Kolkata7RC15/E/02-Kol.CBI/EOW/Kol.102 lacsLd. 3rd Spl. Judge, Kol.23.12.04Ld. 3rd Spl. Judge, KolkataCharge sheet filed in the court, trial pending awaiting orders.8RC04/E/03-Kol.CBI/EOW/Kol.1,65,89,595/-Ld. 3rd Spl. Judge, Kol.---Ld. 3rd Spl. Judge, KolkataInvestigation has since been completed and charge sheet is ready to be filed.9RC06/E/02-Mum.CBI/EOW/Mumbai2 croresLd. 3rd Spl. Judge, Kol.30.12.03Ld. Spl. Judge for CBI cases, Greater MumbaiCognizance has since been taken but trial is pending awaiting order.10RC07/E/02-Mum.CBI/EOW/Mumbai2 crores Ld. 3rd Spl. Judge, Kol.30.12.03Ld.Spl. Judge for CBI cases, Greater MumbaiCognizance has since been taken, but trial is pending awaiting order.11RC/SIA/02/E/003CBI/SIU-X/BS&FC/N.Delhi9.5 crores Ld. 3rd Spl. Judge, Kol.CS forwarded on 27.12.03Ld. 3rd Spl. Judge, KolkataCognizance has not yet been taken awaiting orders.12RC/SIA/02/E/004CBI/SIU-X/BS&FC/N. Delhi5 croresLd. 3rd Spl. Judge, Kol.CS forwarded on 27.12.03Ld. 3rd Spl. Judge, KolkataCognizance has not yet been taken awaiting orders.13RC/SIA/02/E/005CBI/SIU-X/BS&FC/N. Delhi5 croresLd. 3rd Spl. Judge, Kol.30.06.04Ld. 3rd Spl. Judge, KolkataCognizance has not yet been taken awaiting orders.14RC/BDI/02/E/0003CBI/BS&FC/N. Delhi5 croresLd. 3rd Spl. Judge, Kol.CS forwarded on 28.12.03Ld. 3rd Spl. Judge, KolkataCognizance has not yet been taken awaiting orders.15RC/BDI/02/E/0004CBI/BS&FC/N. Delhi5 croresLd. 3rd Spl. Judge, Kol.CS forwarded on 28.12