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2007 Supreme(All) 2886

AMAR SARAN, V.K.VERMA
BRAHMA DUTTA SHARMA – Appellant
Versus
STATE OF U P – Respondent


Advocates:
Mandvi Tripathi, R.K.SINGH, Santosh Tripathi,

AMAR SARAN AND VIJAY KUMAR VERMA, JJ.

We have heard learned Counsel for the petitioners and the learned AGA, and Counsel for the complainant.

2. The petition by B. D. Sharma is being treated as the leading petition because learned Counsel for the petitioner has principally raised arguments in this petition. We are disposing of all the connected petitions and Criminal Misc. Application filed under section 482 Cr. P. C. , which was connected by an order passed by a Division Bench dated 11. 10. 2007 by a common order in this writ petition.

3. Essentially the allegations in the F. LR. lodged at case crime No. 221 of 2004 under sections 420, 467, 468, 406 IPC P. S. Kotwali, district Ghaziabad dated 1. 5. 2004 at 6. 30 a. m. by the informant Mahesh Singh Yadav, who was the Secretary to the General Manager of the U. P. Co-operative Bank, Ghaziabad, were that the 18 named accused persons entered into a conspiracy with the then Secretary R. D. Sharma and they formed fake companies and opened accounts. As collateral, they also mortgaged some of the lands with the Bank for obtaining the loans. However, even the mortgaged lands were disposed of and loans were not paid. This fraud has been comm


















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