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2013 Supreme(Del) 2084

MUKTA GUPTA
S. Ram Yadav – Appellant
Versus
CBI – Respondent


Advocates:
For the Petitioner: Mr. Sidharth Yadav, , Mr. Wasim, Ashraf, Ad#31;vocates.
For the Respondent: Mr. P.K. Sharma, SC with Mr. A.K. Singh, Adv. with SP CBI Ghanshyam Upadhyay, Insp. S.P. Singh.

JUDGMENT :

Mukta Gupta, J.

1. By the present petition the Petitioner challenges the orders dated 31st March, 2009 and 8th April, 2009 directing and framing charge against the Petitioner for offences under Section 420/467/468/471 IPC read with Section 120B IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (in short the PC Act) and in the alternative Section 109 read with Section 420 of the IPC.

2. Learned counsel for the Petitioner contends that the job assigned to the Petitioner was only of legal search and he was not required to look into whether the property was vacant or constructed which was the job of the valuer and not the Petitioner. An inadvertent/ negligent mistake in noting the difference in the area in the sale deed cannot hold the Petitioner liable for criminal misconduct, when the document was found genuinely registered with the Sub-Registrar. The Petitioner in his legal search report had asked the bank officials to follow the safeguards and in case the safeguards would have been adhered to, the loss as alleged would not have been caused. Further the loan was not sanctioned pursuant to the search report of the Petitioner as the se




























































































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