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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, PRASENJIT BISWAS
Punjab National Bank – Appellant
Versus
Vikas Agarwal – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Two appeals, both at the behest of the same appellant, directed against two judgement and orders of the learned single judge dated May 15, 2024 passed in WPO 415 of 2024 and November 17, 2023 passed in WPO 1626 of 2023, have been heard analogously, as similar issues are involved.
2. Learned advocate appearing for the appellant has submitted that, the challenge in the two writ petitions is limited to a complaint dated June 18, 2021 lodged by the appellant with the Central Bureau Investigations (CBI) for registering a First Information Report in respect of offences committed by the accused therein.
3. Learned advocate appearing for the appellant has contended that, the appellant is mandated under section 39 of the Criminal Procedure Code to inform the investigating agency as to the commission of offences including Sections 120B and 409 of the Indian Penal Code, 1860. She has submitted that, the appellant performed its statutory duty by lodging the complaint dated June 18, 2021 with the CBI.
4. Learned advocate appearing for the appellant has contended that, CBI acted on the complaint and registered a First Information Report on August 18, 2023. The inves
Criminal conspiracy in terms of Section 120-B of the Code is an independent offence. It is punishable separately.
The Reserve Bank of India's guidelines do not confer jurisdiction upon the CBI to investigate bank fraud without prior state consent as mandated by the Delhi Special Police Establishment Act.
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