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2004 Supreme(Online)(Kar) 10

KARNATAKA HIGH COURT
A. C. Kabbin, J.
Ramesh Babulal Baheti and Others v. Central Bureau of Investigation Bangalore and Another


1. In September, 2001, a complaint was lodged by the Chief Vigilance Officer of the second respondent - State Bank of Mysore, Head Office, K. G. Road, Banga - lore, alleging fraud and siphoning of the amounts advanced on LC facility by the bank to the present petitioner Nos. 1, 2 and 9. It was also alleged that that fraud was committed in connivance with certain officers of the State Bank of Mysore. On the basis of the said complaint, on preliminary verification, FIR was lodged by the CBI, in RC 2(E) / 2001 - BSFC / BLR, dated 6-9-2001. It is alleged that during investigation, complicity of the present petitioners 3 to 8 in the crime was disclosed. Their names were added as accused and after investigation, a charge - sheet was placed by the CBI against the present petitioner Nos. 1 to 9. However as regards the Bank Officers, no charge - sheet was placed on the ground that no means rea for the offences was present with regard to those persons. As regards recovery of amounts taken by the present petitioners 1, 2 and 9, there were recovery proceedings. The matter had been referred to Debt Recovery Tribunal, Bangalore, and there, on 13-2-2003 a compromise petition was filed by the pres











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