Excelsior Correspondent
JAMMU, Aug 2: High Court has declined to quash corruption charges framed against the then Branch Manager, State Bank of India, Vijaypur, Satendra Parshad.
According to the case, Satendra Parshad during the period 2006-2007 abused his official position and cleared the project of one Sham Singh for funding despite the fact that the project was not viable as the land identified by Sham Singh was neither owned by him nor suitable for the project. In order to confer undue benefit upon Sham Singh as per a conspiracy, the SBI Manager even allowed Sham Singh to submit fake and forged bill resulting into loss to the exchequer.
After hearing Advocate Rahul Bharti for the petitioner wheras ASGI KK Pangotra for the Central Bureau of Investigation, Justice A M Magrey observed, “the jurisdiction of the Court under Article 142 of the Constitution of India is not in dispute. Exercise of such power would, however, depend on the facts and circumstances of each case. The High Court in exercise of its jurisdiction under Section 482 of the Code of Criminal Procedure and this court in terms of Article 142 of the Constitution of India, would not direct quashing of a case involving crime against the society particularly when both the Special Judge as also the High Court have found that a prima facie case has been made out against the appellant for framing charge”.
“The judgments referred to and relied upon by the counsel for the petitioner are distinguishable and not applicable to the facts and circumstances of the present case because case in hand is at its threshold stage and only charge has been framed which is subject to evidence for establishing the same”, the High Court said.
With these observations, the High Court dismissed the petition.
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