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CBI v. K Narayana Rao

CBI v. K Narayana Rao

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Published by Pallavi Sawhney

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Published by: Pallavi Sawhney on Sep 24, 2012
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12/27/2013

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REPORTABLEIN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NO.1460 OF 2012(Arising out of S.L.P. (Crl.) No. 6975 of 2011)
Central Bureau of Investigation, Hyderabad .... Appellant(s)VersusK. Narayana Rao .... Respondent(s)
 
J U D G M E N T
P.Sathasivam,J.
1)Leave granted.2)This appeal is directed against the final judgment andorder dated 09.07.2010 passed by the High Court of  Judicature, Andhra Pradesh at Hyderabad in Criminal PetitionNo. 2347 of 2008 whereby the High Court allowed the petitionfiled by the respondent herein under Section 482 of the Code of Criminal Procedure, 1973 (in short “the Code”) and quashedthe criminal proceedings pending against him in CC No. 44 of 2007 (Crime No. 36 of 2005) on the file of the Special Judge forCBI cases, Hyderabad.
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3)
Brief facts
:(a)According to the prosecution, basing on an information,on 30.11.2005, the CBI, Hyderabad registered an FIR being RC32(A)/2005 against Shri P. Radha Gopal Reddy (A-1) and ShriUdaya Sankar (A-2), the then Branch Manager and theAssistant Manager, respectively of the Vijaya Bank,Narayanaguda Branch, Hyderabad, for the commission of offence punishable under Sections 120-B, 419, 420, 467, 468471 read with Section 109 of the Indian Penal Code, 1860 (inshort ‘the IPC’) and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 for abusing their officialposition as public servants and for having conspired withprivate individuals, viz., Shri P.Y. Kondala Rao – the builder(A-3) and Shri N.S. Sanjeeva Rao (A-4) and other unknownpersons for defrauding the bank by sanctioning anddisbursement of housing loans to 22 borrowers in violation of the Bank’s rules and guidelines and thereby caused wrongfulloss of Rs. 1.27 crores to the Bank and corresponding gain forthemselves. In furtherance of the said conspiracy, A-2
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conducted the pre-sanction inspection in respect of 22 housingloans and A-1 sanctioned the same.(b)After completion of the investigation, the CBI filed chargesheet along with the list of witnesses and the list of documentsagainst all the accused persons. In the said charge sheet, ShriK. Narayana Rao, the respondent herein, who is a legalpractitioner and a panel advocate for the Vijaya Bank, was alsoarrayed as A-6. The duty of the respondent herein as a paneladvocate was to verify the documents and to give legal opinion. The allegation against him is that he gave false legal opinion inrespect of 10 housing loans. It has been specifically alleged inthe charge sheet that the respondent herein (A-6) and Mr. K.C.Ramdas (A-7)-the valuer have failed to point out the actualownership of the properties and to bring out the ownershipdetails and name of the apartments in their reports and alsothe falsity in the permissions for construction issued by theMunicipal Authorities.(c)Being aggrieved, the respondent herein (A-6) filed apetition being Criminal Petition No. 2347 of 2008 underSection 482 of the Code before the High Court of AndhraPradesh at Hyderabad for quashing of the criminal proceedings
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