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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Narendra Singh Dhaddha, J.
State Bank Of India – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Writ Petition No. 1449 of 2021
Decided On : 04-03-2022
Criminal Writ Petition - Transfer of Investigation to CBI - The court directed the transfer of investigation of a fraud case involving more than Rs.3 crore to the ACB Branch of CBI based on the guidelines issued by CVC and RBI.
Fact of the Case:
The petitioner sought the transfer of investigation of an FIR related to a fraud case involving more than Rs.3 crore to the ACB Branch of CBI.
Finding of the Court:
The court found that as per the guidelines issued by CVC and RBI, cases of fraud involving amount more than Rs.3 crore where the involvement of staff is evident in relation to public sector banks, have to be investigated by the ACB Branch of CBI.
Issues: The main issue was whether the investigation of the fraud case should be transferred to the ACB Branch of CBI based on the guidelines issued by CVC and RBI.
Ratio Decidendi: The court relied on the guidelines issued by CVC and RBI, which mandated the investigation of fraud cases involving more than Rs.3 crore and the involvement of staff in public sector banks to be conducted by the ACB Branch of CBI.
Final Decision: The court directed the CBI to investigate the matter in relation to the FIR registered at Police Station Todabhim, District Karauli.
ORDER
1. By way of this criminal writ petition, petitioner seeks for following relief:-
'i) By an appropriate writ, order or direction, respondent No.3 may be directed to take over investigation of the FIR No.370 dt. 16.8.2021 filed at Police Station Todabhim from Police Station Todabhim and further direct the respondents to puruse the FIR for offence of threat given to the vendor.
ii) Any other relief which the Hon'ble Court may deem fit and proper may kindly be passed in favour of the petitioner.
iii) Cost of the litigation may kindly be granted to the petitioner.'
2. Learned counsel for the petitioner submits that petitioner has lodged FIR No.370 dt. 16.8.2021 registered at Police Station Todabhim, District Karauli. As per FIR, fraud is more than Rs.3 crore. As per guidelines issued by CVC as well as RBI cases of fraud involving amount more than Rs.3 crore where involvement of staff is, prima facie, evident in relation to public sector banks, has to be investigated by ACB of CBI. So, present investigation be transferred to the ACB Branch of CBI for investigation.
3. Learned counsel for the respondent No.3 submits that CBI has no objection for investigating the matter. So, the matter be handed over to CBI for investigation.
4. I have considered the arguments advanced by learned counsel for the petitioner as well as learned counsel for the respondents.
5. As per guidelines issued by CVC as well as RBI, matter pertains to fraud involving amount more than Rs.3 crore has to be investigated by ACB Branch of CBI. So, petition deserves to be allowed.
6. The criminal writ petition filed by the petitioner stands disposed of.
7. However, CBI is directed to investigate the matter in relation to FIR No.370 dt. 16.8.2021 registered at Police Station Todabhim, District Karauli.
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