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| Dead person’s signature on application | | CJ directs AC Court to frame charges against then Manager SFC | |
Early Times Report
Jammu, Dec 1-Qashing part of an order of Special Judge Anticorruption refusing to frame charges against S C Chopra the then Manager State Financial Corporation, Justice Barin Ghosh Chief Justice of J&K High Court today directed for framing charges against the accused u/s 5(2) r/w section 5(1) (d) of Prevention of Corruption Act r/w section 120-B and section 471 RPC and proceed with trial expeditiously.
This significant direction passed in two criminal revisions and one 561-A petition filed by Suresh Dutt then Divisional Manager SFC, Ashwani Kapoor and State in a case which was registered by Vigilance Organization on written complaint by one Ratnu Devi widow of Mewa Ram.
After hearing both the sides the Chief Justice observed that the loan in the instant case was given on June 4, 1988, purported Loanee Mewa Ram died on February 4, 1991, the vehicle was seized on August 5, 1992 and the same was sold on March 6, 1996. In the circumstances revision application filed by the State is allowed and accordingly, that part of the order of Special Judge is quashed by which Special Judge refused to frame charges against accused SC Chopra then Manager SFC.
In thee written report it was stated that officials of the State Financial Corporation visited the house of Lt Mewa Ram for ascertaining whereabouts of the stated properties held by the deceased. At that time it transpired to Ratnu Devi that some persons had taken loan in the name of Lt Mewa Ram, she held out that one Ashwani Kapoor is one of those who have taken such loan. The preliminary enquiry on the written report resulted in filling of FIR and investigations were made, after completion of the investigation, charge sheet was filed. In the charge sheet accused Ashwani Kapoor, was held out to be the principle conspirator, in addition to that it was contended that accused Sham Kumar Gupta then Manager Incharge Transport SFC and other officials including Kulbir Singh Salathia, Surinder Singh Sodi, RS Kotwal, Suresh Dutt and SC Chopra then Manager were also conspirators and the conspiracy resulted in loss to a public institution namely SFC. It was alleged that Sham Kumar Gupta, Kulbir Singh Salathia, RS Kotwal and Suresh Dutt made papers resulting in disbursal of the loan. It was stated that the purported loanee, Mewa Ram, though died in 1991, then Manager SC Chopra in 1996 wrote a letter to the Registering Authority for cancellation of hypothecation, which letter also contained purported signatures of Mewa Ram.
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