[2025:RJ-JD:18108]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1515/2018 Dilip Kumar Son Of Shri Satyanarain, By Caste Goyal, Resident Of Hiran Magri, Sector 11, Udaipur. At Present S-1, Block-B, Aligent Apartment, Santosh Nagar, Jaipur.

----Petitioner Versus State Of Rajasthan ----Respondent Connected With S.B. Criminal Misc(Pet.) No. 982/2018 Rishabh Kumar S/o Sobhagyamal Sethia, By Caste Mahajan, Resident Of Holithara, Nimbaheda, P.s. Kotwali Nimbaheda, District Chittorgarh.

----Petitioner Versus The State Of Rajasthan Through P.p.

----Respondent For Petitioner(s) : Mr. Sheetal Kumbhat Mr. M.S. Singhvi, Sr. Advocate assited by Mr. Hemant Dutt and Mr. Sanjay Nahar For Respondent(s) : Mr. Deepak Vyas Mr. Vikram Singh Rajpurohit, Dy.G.A.

Mr. Ravindra Singh, AGA HON'BLE MR. JUSTICE FARJAND ALI

Order

Order Reserved on : 16/01/2025 Order Pronounced on : 05/05/2025 S.B. Criminal Misc(Pet.) No. 1515/2018

1. The instant criminal misc. petition under Section 482 of Cr.P.C. has been preferred by the petitioner challenging the order dated 09.03.2018 passed by learned Additional Sessions Judge, No.1, Nimbaheda, District Chittorgarh in Criminal Revision No. 59/2016 affirming the order dated 07.10.2016 passed by learned Additional Chief Judicial Magistrate, Badi Sadri, District Chittorgarh in Criminal case No. 91/2012 wherein charges were framed for offences under Sections 420,467,468,471 and 120-B of the IPC.

2. Briefly stating the facts of the case are that the petitioner was serving as the Branch Manager of State Bank of India, Mangalwad Branch, District Chittorgarh, when a complaint was filed on 31.07.2010 by his successor, Shri Balwant Raj Kumawat. The complaint alleged that certain individuals had obtained loans under the Kisan Credit Card Scheme by submitting forged documents, some of which were also fraudulently registered with forged signatures and seals of the Sub-Registrar and based on this complaint, FIR No. 98/2010 was registered at Police Station Mangalwad. Initially, the petitioner was not named in the FIR. However, during the course of investigation, the police included him as an accused, citing his role as the Bank Manager at the relevant time. A charge-sheet was filed against the petitioner under Sections 420, 467, 468, 471, and 120B IPC.

2.1 The learned Trial Court, vide order dated 07.10.2016, framed charges against him, which was later challenged before the Revisional Court. The learned Revisional Court, however, rejected the revision petition on 09.03.2018 and upheld the Trial Court’s order. The petitioner being aggrieved by the concurrent findings of the lower courts has filed the present petition.

S.B. Criminal Misc(Pet.) No. 982/2018

3. Brief facts of the case are that an FIR No. 98/2010 registered at Police Station Mangalwad on the complaint of the then Branch Manager, alleging that various individuals had fraudulently obtained loans under the Kisan Credit Card Scheme using forged documents. The FIR named several account holders but did not mention the petitioner who is a practicing advocate at Nimbahera, District Chittorgarh and was a panel lawyer of the SBI, Mangalwad. However, during investigation, the police implicated the petitioner on the basis that he, as panel lawyer, had verified the loan documents that were later found to be forged. A charge- sheet was filed against him under Sections 420, 467, 468, and 471 IPC, and the learned Trial Court also added Section 120-B IPC while framing charges. The petitioner’s Revision Petition challenging the framing of charges was rejected by the learned Revisional Court. Hence, the present petition has been preferred by the petitioner challenging the impugned orders.

4. Heard learned counsels for the parties and learned Public Prosecutor appearing on behalf of the State as well as perused the materials available on record.

5. Upon a thorough examination of the material available on record, it is evident that the petitioners have no role in the alle