HON’BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.8680 of 2023

ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short ‘Cr.P.C.’) by the petitioner/accused No.1 to quash the proceedings in FIR No.96 of 2023 on the file of the lalaguda police station, registered for the offences under Sections 406 and 420 of the Indian Penal Code (for short ‘IPC’).

2. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 – State. Perused the record.

3. The brief facts of the case are that on 10.05.2021, the second respondent made a complaint against the petitioner contending that he was working as Branch Manager of Canara Bank, Lalaguda branch from 19.07.2021 and during the course of her banking business found some mischief played by the petitioner/accused No.1, who availed gold loan of Rs.2,23,000/- by giving an application, dated 17.01.2023, stating that he is the true owner of the property. As per the bank procedure, the gold offered as a pledge is appraised by the empanelled gold appraiser and he certified the purity of gold and issued the certificate. During the course of trial, another appraiser one Konnoju Shankara Chary on 21.04.2023 found that the gold pledged claiming to be gold chain weight 65 grams is not genuine gold, immediately the branch Manager asked the customer to visit the bank and on 24.04.2023 the petitioner expressed the ignorance and assured to close the outstanding liability and also gave a written requisition, dated 24.04.2023 to make payment by 28.04.2023 and further the initial appraiser has also expressed that it was a mistake on his part and in the light of the above, FIR has been registered on the file of Station House Officer of Lalaguda police station.

4. It is further contention of the learned counsel for the petitioner that F.I.R is liable to be quashed as the second respondent, with an ulterior motive has filed a false case against him and it is the duty of the bank manager to call the petitioner when the gold is taken from the locker and in the absence of the appraiser, gold cannot be weighed for examination and that respondent No.2 colluded with K.Shankara Chary and made a false report against him. Therefore, prayed to quash the proceedings against him.

5. On the other hand, learned Additional Public Prosecutor contended that it is not a fit case to quash the FIR at this stage as the police are investigating the case and that an undertaking was given by the petitioner before the bank stating that it was a mistake on his part.

6. Taking into consideration the fact that all the offences alleged against the petitioner are punishable less than seven (07) years, this Court deems it appropriate to direct the petitioner/accused No.1 to appear before the investigating officer on or before 20.09.2023 between 02:00 p.m. and 04:00 p.m. and the investigating officer is directed to follow the procedure laid down under Section 41-A Cr.P.C and also the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar, [(2014) 8 SCC 273]scrupulously. However, the petitioner/accused No.1 shall co-operate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation.

7. Accordingly, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 08.09.2023 dgr HON’BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.8680 of 2023 Date:08.09.2023 dgr