Durga Prasad Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:135041

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 16717 of 2025

Applicant :- Durga Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shambhavi Nandan Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This application u/s 528 Bharatiya Nagarik Suraksha Sanhita ( hereinafter referred to as 'BNSS' ) has been preferred against order dated 08.11.2024, passed by A.C.J.M., Court No.3, Ghaziabad in Case No. 7510 of 2021, arising out of Case Crime No.766 of 2020, under Sections 420, 467, 468, 471, 120B, 409 IPC, P.S.- Sihani Gate, District- Ghaziabad, pending in the court of A.C.J.M., Court No.3, Ghaziabad.

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It has been submitted by learned counsel for the applicant that at the relevant time applicant was working as Branch Manager in Punjab National Bank, Branch- Loha Mandi, Ghaziabad, whereas alleged loan was granted by Punjab National Bank, BranchR.A.B., Ghaziabad. Applicant has no concern at all with the sanction or grant of said loan. The allegations that applicant was involved in opening of any bank account in name of deceased person, are wholly false. In fact the said bank account was verified by other employees of the said branch. There is absolutely nothing that any amount has been transferred to the applicant or applicant has been a beneficiary. There is long delay in lodging of the first information report. The said loan amount has already been paid

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back. It was submitted that learned Magistrate has not considered facts of the matter and position of law in correct perspective and committed error by rejecting discharge application of the applicant. Referring to facts of the matter, it was submitted that impugned order is liable to be quashed.

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Learned AGA has opposed the application and submitted that during investigation it was found that a false and fictitious bank account was opened in the Punjab National Bank, Branch- Loha Mandi, Ghaziabad, where applicant was posted as Branch Manager. The said account was opened in the name of Charanjeet Lal Bagga by way of cheating and forgery. After that an amount of Rs.1,50,00000/- was deposited in the said account and later on that amount was withdrawn. It was submitted that applicant was in connivance with co-accused persons and a case of criminal conspiracy is made out against the applicant. Referring to facts of the matter, it was submitted that there is no illegality or perversity in the impugned order and discharge application of applicant has been rejected by a reasoned order.

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I have considered the rival submissions and perused the record.

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It is well settled that while considering discharge application, the Court is to exercise its judicial mind to determine whether a case for trial has been made out or not. At this stage, a mini trial cannot be held and the Court can shift and weigh the evidence for limited purpose of finding out whether or not a prima facie case against the accused is made out or not. Where material placed on record discloses grave suspicion against the accused, which has not been properly explained, the Court will be fully justified in rejecting application for discharge. The Court is not to hold mini trial by marshalling the evidence at this stage.

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In the instant matter it appears that applicant has been chargesheeted with aid of Section 120B IPC. At the relevant time applicant was working as Branch Manager in Punjab National Bank, Branch- Loha Mandi, Ghaziabad. As per prosecution version, property of a deceased person, namely, Charanjeet Lal Bagga was sold to one Alka Rani against consideration of rupees two crores and said sale-deed was executed by one Trilokinath by impersonating himself as Charanjeet Lal Bagga, whereas Charanjeet Lal Bagga has already been passed away in the year 2007. The son of said Charanjeet Lal Bagga opened a bank account in the Punjab National Bank, Branch- Loha Mandi, Ghaziabad in the name of his deceased father Charanjeet Lal Bagga. As per prosecution version, said account was opened by hatching a conspiracy with accused-applicant, who was working as Branch Manager at the same Branch. A loan of Rs.1,50,00000/was sanctioned in favour of Alka Rani Sharma from another Punjab National Bank Branch and demand draft of said amount was deposited in the bank account opened in the name of Charanjeet Lal Bagga. Later, the said amount was withdrawn from said Branch. Learned trial Court has considered entire facts in correct perspective and by considering legal position, the discharge application of applicant was rejected by a reasoned order. It appears that charges have already been framed against applicant. Instead of challenging the impugned order by way of revision, applicant has filed this application under Section 528 BNSS. Powers under Section 528 BNSS have to be invoked only to give effect to an order under the CrPC or to prevent abuse of the process of Court or otherwise to secure ends of justice. While exercising jurisdiction under Section 528 BNSS, the Court would not ordinarily embark upon an inquiry whether evidence in

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question is reliable. In the instant matter various questions of facts are involved, which can only be adjudicated upon during trial. It is also well-settled that inherent jurisdiction under Section 482 Cr.P.C. / 528 BNSS has to be exercised sparingly and the same should not be resorted to like remedy of appeal or revision. In the instant matter considering all relevant facts, no case for invoking powers under Section 528 BNSS is made out. The application under Section 528 BNSS lacks merit and thus liable to be dismissed.

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Accordingly, the application under Section 528 BNSS is hereby dismissed .

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Order Date :- 11.8.2025

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'SP'/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Durga Prasad v. State of U.P. and Another

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