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2007 DIGILAW 573 (UTT)

SANJEEV KUMAR BANSAL v. STATE OF UTTARANCHAL

2007-11-27

B.C.KANDPAL

body2007
JUDGMENT Hon'ble B.C. Kandpal, J. By way of these petitions under Section 482 Cr.P.C., the petitioners who are facing the trial in Criminal Case No. 614 of 1994, State Vs. Rakesh Bansal & others, under Sections 420, 408, 120-B of I.P.C. pending in the court of C.J.M., Dehradun have sought the relief for quashing the proceedings in pursuance to the chargesheet submitted by the police. 2. Heard Sri Sandeep Tandon, learned counsel for the petitioners, learned A.G.A. and perused the record. 3. Learned counsel for the petitioners have invited my attention towards the annexure No. 18 of the petitions which is a letter dated 11.02.1992 sent by the Urban Cooperative Bank Ltd., Dehradun to the Inspector-in-charge (C.B.C.I.D.), informing therein that the entire money has been deposited by the accused with the bank and now the bank is not interested in proceeding further against the accused/petitioners. 4. Now, in case, if the bank is not interested to proceed further in the matter against the accused i.e. petitioners, then the same may be agitated before the trial court and it is open for the parties to raise this plea before the trial court. 5. Having considered the arguments advanced by the learned counsel for the parties, I am of the view that at this stage I do not find any abuse of process of court in this case. However, I direct that the petitioners as well as the complainant may raise the plea in support of their case before the trial court and the trial court shall decide the same expeditiously without causing any unreasonable delay. 6. With the aforesaid observations, the petitions are disposed of finally. Stay order, if any, stands vacated. 7. However, in case, the petitioners appear before the court below for obtaining their bail, the same shall be decided expeditiously without causing any unreasonable delay.