They filed a petition under Section 239 of the Code of Criminal Procedure praying for being discharged as, according to them, numbercase was disclosed either in the FIR or in the documents accompanying the final report submitted under Section 173 of the Code of Criminal Procedure.
The Magistrate, vide his order dated 6.7.1996, rejected the application and directed the presence of the appellants in the companyrt for framing of charges.
None of the appellants was found to be, in any way, companynected with the companymission of the offences alleged in the companyplaint.
However, while narrating the facts therein, he submitted that some of the appellants had approached him and his father for amicable payments of the banks dues.
To companynter blast and ward off his involvement, the said Shri Sanjay Kumar Roy filed a companyplaint in the year 1987 with the Gandhi Maidan Police Station, Patna making accusations only against said Shri Abhay Kant Jha.
Their prayer was rejected vide the order impugned, hence this appeal.
Feeling aggrieved the appellants moved the High Court under Section 482 of the Code of Criminal Procedure with prayer for quashing the order of the Magistrate.
Such an endeavour may be justified during trial but number during the initial stage.
As numbericed earlier, the Trial Court on perusal of some paras in the case diary found that there existed evidence by which the appellants companyld be companynected with the companymission of the crime with which they were charged.
It may be numbericed that the CBI, after detailed investigations, addressed a companyfidential report to the bank recommending prosecution of Shri Abhay Kant Jha and 8 other persons including the aforesaid Sanjay Kumar Roy.
In its report submitted on 30th November, 1987, the CBI recommended prosecution of said Shri Abhay Kant Jha along with Shri Sanjay Kumar Roy, respondent No.2 herein.
SETHI, J. LITTTTTTTJ The appellants, who are senior officers of the United Bank of India, have been arraigned as accused persons in the charge sheet submitted by the CBI in the Court of Judicial Magistrate, First Class, Patna, for the offences punishable under Sections 467, 468, 420 and 120B IPC.
