D.P.CHOUDHURY
Rakhal Kishore Mohanty – Appellant
Versus
State of Orissa (Vigilance) – Respondent
JUDGMENT :
D.P. CHOUDHURY, J.
1. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter called as “the Code”) to quash the order dated 23.04.1994 of taking cognizance of offence under Sections 477-A/420 of the Indian Penal Code (in short “the IPC”) passed by the learned Judicial Magistrate First Class, Kamaskhyanagar in G.R. Case No.8/86 and issuance of process against the present petitioner.
2. The factual matrix leading to the case of the prosecution is that the principal accused (Daitari Samanta Singhar @ Sahu) filed an application before the District Industrial Centre, Dhenkanal on 9.9.1983 for grant of loan of Rs.58,800/- for construction of bricks kiln in his village and thereafter on the recommendation of the Assistant Manager, Orissa State Financial Corporation (in short “OSFC”), the petitioner verified the immovable assets of the loanee and submitted the report of feasibility to take loan of Rs.39000/-. Accordingly, the loan was sanctioned but the State Vigilance, finding some foul play in the sanction of the above loan, lodged FIR against the original accused Daitari Samanta Singhar, the present petitioner and other officials. Aft
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