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2017 DIGILAW 708 (RAJ)

Babu Lal Koli S/o Shri Sorti Lal Koli v. CBI Through P. P.

2017-03-07

PANKAJ BHANDARI

body2017
JUDGMENT : Pankaj Bhandari, J. Petitioner has challenged the order dated 06.07.2016 vide which the application under Section 91 Cr.P.C. for summoning documents in regard to the pay, loan etc. was dismissed by the Special Judge, CBI No.2, Jaipur. 2. It is contended by the counsel for the petitioner that a case of disproportionate assets was filed against the petitioner wherein, in the F.I.R., it was mentioned that the petitioner is having disproportionate assets to the tune of Rs.27,00000/-. It is contended that the petitioner that to establish that the assets received were not disproportionate to his income, he moved an application before the Court below for summoning his salary ledger, the advance received by him, the loan availed by him, the leave encashment availed by him and the bonus and the transfer amount availed by him. 3. It is contended that the application has been rejected without any basis only on the ground that the petitioner would have opportunity to lead evidence in defence and he can produce the relevant documents in his defence. 4. Counsel for the petitioner further states that the documents are available with the employer i.e. United India Insurance Company Limited and that the same can be summoned only through Court. 5. I have perused the impugned order, the matter against the petitioner of having disproportionate assets was initiated in March 2010. The charge sheet was filed in November 2011. Petitioner was Divisional Manager of United India Insurance Company Limited. His salary and allowance which he has received from United India Insurance Company Limited was mentioned in the charge sheet. The CBI has produced the details of the amount received by the petitioner including his salary and income, PF loan, house loans and vehicle loan obtained by him. It is also informed to the Court that as many as 55 witnesses have been examined and the matter is listed for recording of statements of Investigating Officer. 6. I am of the view that it is for the CBI to establish the known-sources of income of the petitioner and the valuation of the assets held by the petitioner to show that his assets are disproportionate to his income. The petitioner has received income from the United India Insurance Company Limited by cheque and can in his defence produce his statement of account to establish his known-sources of income. The petitioner has received income from the United India Insurance Company Limited by cheque and can in his defence produce his statement of account to establish his known-sources of income. At this stage, there was no requirement to direct the employer to produce the documents. 7. Since the matter is fixed for recording of statement of Investigating Officer, no occasion for calling for the record is available to the present petitioner. Consequently, the Court below has not committed any illegality in rejecting the application. 8. The Criminal Misc. Petition is accordingly, dismissed. 9. Stay application also stands disposed of. Petition Along with Stay petition Dismissed.