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SANDEEP SHARMA
State of Himachal Pradesh – Appellant
Versus
Shiv Lal Sharma, S/o. Late Sh. Chander Mani Sharma – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sudhir Bhatnagar, Additional Advocate General.
For the Respondents:Mr. V.S. Chauhan, Senior Advocate With Mr. Ajay Singh Kashyap, Mr. J.S. Bhogal, Senior Advocate With Mr. T.S. Bhogal and Ms. Srishti Verma, Mr. B.S. Chauhan, Senior Advocate With Mr. Munish Datwalia, Ms. Avni Kochhar, Mr. Narinder Sharma, Mr. B.M. Chauhan, Senior Advocate With Mr. Manmohan Katoch.

ORDER :

Being aggrieved and dissatisfied with order dated 9.2.2011 passed by learned Special Judge (Forests), Shimla, Himachal Pradesh in Case No. 4-5/7 of 98, titled State v. Shiv Lal and others, whereby challan having been filed by petitioner-State against respondents-accused under S.120B, 109, 409, 420, 467, 409, 471A, 467, 201 read with S.120B and 109 IPC and S. 13 of Prevention of Corruption Act, came to be returned on account of territorial jurisdiction, petitioner State has approached this court in the instant proceedings filed under Ss.397 and 401 IPC, praying therein to set aside impugned order dated 9.2.2011

2. Precisely, the facts of the case, as emerge from the record, are that Himachal Pradesh State Cooperative Bank Limited, Azadpur New Sabji Mandi, Delhi sanctioned loans, overdrafts and CC Limits to various persons and firms. Since certain irregularities were found to have been committed by bank officials, while disbursing loans, overdrafts and CC Limits, to various firms, Himachal Pradesh State Co-operative Bank Limited Shimla, lodged an FIR at Police Station Enforcement, South Zone, Shimla. Police after having conducted investigation, presented Challan in the court of

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