Back
2012 Supreme(Pat) 1310
ASHWANI KUMAR SINGH, J.
(3.10.2012)
Cri. Writ Nos. 12 with 13 of 2011
Shailendra Kishore Sharma
(in 12) : Petitioners
Malvinder Singh (in 13)
Vs.
The State of Bihar & Ors. : Respondents
(in both)
For the Petitioners: M/s Shashi Anugrah Narain, Suresh Prasad Singh, No.1.
For the C.B.I. : Mr. Bipin Kumar Sinha.
For the State : Mr. Ajay Kumar.
For the Informant : M/s Akhileshwar Prasad Singh, Giriesh Kumar.
Headnote:Code of Criminal Procedure, 1973–Section 156 read with Central Vigilance Commission Act, 2003–Preamble & Section 8–Powers of Central Vigilance Commission Vis-a-vis the Police to investigate a cognizable case–H.D.F.C. Bank alleging fraudulent misappropriation of Rs. 7.9 Crore by the officials of Punjab National Bank and also commission of Criminal Breach of Trust–Case registered with the Gandhi Maidan P.S. under Sections 409, 420 and 120 (B) of the I.P.C.–The preamble and Section 8(1) (a), 8(1)(b), 8(1)(c), 8(1)(d) and 8(1)(e) of the CVC Act, 2003 makes it clear that the Central Vigilance Commission is required to exercise superintendence over the functioning of the Delhi Special Police establishment in matters relating to investigation of the offence allegedly committed under the Prevention of corruption Act and/or the offence with which a public servant specified in sub-section (2) of the Section 8 of CVC Act, 2003 may, under the Cr.P.C., be charged at the same trial and give direction to the Delhi Special Police establishment for the purpose of discharging the responsibility entrusted to it under Section 4(i) of the Delhi Special Police Establishment Act, 1946–The case, in question, has been instituted for the offence punishable under Sections 409, 420 and 120B of the I.P.C.–The reporting officer, in the present case, is an officer of the H.D.F.C. Bank which is a Private Limited Bank–The money defalcated belongs to a Private Limited Bank–The investigation is not being conducted by the Delhi Special Police establishment and offence alleged is not under the PC Act–On receipt of information relating to a cognizable offence the police has no option but to institute a FIR and proceed with the investigation–The law is clear that neither the accused persons nor the informant of a case has a right to choose the investigating agency by which a particular offence be investigated–Criminal proceeding against the petitioners cannot be quashed–Petitions dismissed. (Paras 15, 16, 17 & 18)
(1998)1 SCC 226; (1999) 8 SCC 728 paragraph-15; (1980) 1 SCC 554 paragraphs 25 & 26–Referred to.
Since both the writ petitions arise from a common F.I.R. and common questions of law and fact have been raised therein, they have been heard together and are being disposed of by a common order.
The prayers in both the writ petitions are as follows:–
(a) To quash the order dated 5.2.2009 passed by the learned Chief Judicial Magistrate, Patna , by which warrant of arrest has been issued against the petitioners in connection with Gandhi Maidan P.S. Case No.346 of 2008 dated 8.11.2008 registered under sections 409, 420 and 120B of the Indian Penal Code.
(b) To quash the entire criminal proceedings against the petitioners in connection with the aforesaid first information report as the same appears to be vexatious, vindictive and illegal.
(c) To declare the investigation of the case and carrying out the investigation by the local police to be without jurisdiction pursuant to the Central Vigilance Commission Act, 2003 (hereinafter referred to as “CVC Act”) as the local police had no jurisdiction to carry out the investigation of any case of fraud related to misappropriation of amount in which the amount involved is more than one crore.
2. The prosecution case in brief is that the informant Sandip Gautam, a Cluster Head of H.D.F.C.Bank, Exhibition Road, Patna gave a written report dated 8th November 2008 to the Officer-in-charge, Gandhi Maidan Police Station, Patna alleging that his Patna Main Branch has a current A/c No. 0380002100060239 with Punjab National Bank at Exhibition Road, Patna for last several years as a Branch of Punjab National Bank which is linked to Current Chest. Due to safety reasons, the cash of his Bank was deposited in Punjab National Bank through authorized agency dealing with secured cash remittance, viz M/s Securitrans India Pvt. Ltd. On 19th September 2008, his Branch handed over cash amounting to Rs.4,70,00,000/- (Rupees four crore seventy lacs) through the authorized representatives of M/s Securitrans India Pvt. Ltd. Out of the said amount of Rs.4,70,00,000/-, only a sum of Rs.1.7 crores was credited in his Bank’s Current Account with the Punjab National Bank on different dates from 20th September 2008 to 3rd October 2008 and that on observing the reconciliation account it was found that a sum of Rs.3,00,00,000/- (three crores) had not been credited to his Bank Account by the Punjab National Bank Officials. It was further alleged that on 21st October 2008, an amount of Rs.4,90,00,000/- (Rupees four crore, ninety lacs) was deposited in the Punjab National Bank through their authorized representative M/s Securitrans India Pvt. Ltd. and Sri K.P. Singh, Branch Manager confirmed that the amount was deposited in his Bank. The further allegation is that the Branch Manager and the Head Cashier of the Punjab National Bank had not provided credit of total amount of Rs.7.9 crores of his Bank and the money had been fraudulently misappropriated. The informant stated in his written report that his Bank wrote to Punjab National Bank, Zonal Office at Patna vide its letter dated 24th October 2008 and again on 3rd November 2008 seeking their intervention but, they failed to act and to set the Account right and credit his aforesaid current Account with the amount deposited with them. It has further been alleged that the concerned Officials of the Punjab National Bank, Zonal Office seemed to be protecting the illegal activities of their Branch Officials and they were busy in destroying the records by tampering the Bank records and thus they were involved in criminal conspiracy for the same. The informant stated that his Bank’s authorized representative M/s Securitrans India Pvt. Ltd. confirmed the deposit of said amount of Rs.7.9 crores with the Punjab National Bank. The informant stated that the amount of Rs.7.9 crore had been fraudulently misappropriated by Sri R.K.Narayan, Head Cashier (who was absconding as per information), Sri P.N.Sikdar, Chief Manager (then Branch Manager on 19th September 2008) and Sri Ashish Sinha
