Mahendra Kumar Bajpai vs State Of U.P.Thru Secy.Deptt.Of ...
2015 Latest Caselaw 3235 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 
Case :- MISC. BENCH No. - 9746 of 2015
 
Petitioner :- Mahendra Kumar Bajpai
 
Respondent :- State Of U.P.Thru Secy.Deptt.Of Home Civil Sectt.Lko.& Ors.
 
Counsel for Petitioner :- Ram Kumar Singh
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Ajai Lamba,J.

Hon'ble Brijesh Kumar Srivastava-II,J.

1. The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report dated 1.10.2015 bearing Case Crime No.320 of 2015 under Sections 419, 420, 467, 468, 471, 409 of Indian Penal Code, Police Station Lalganj, District Raebareli.

2. Contention of learned counsel for petitioner is that the offence of embezzlement has not been committed by the petitioner.

3. We have referred to the contents of the FIR. It appears that petitioner was serving as Branch Manager of Bank of Baroda, Lodhipur Branch, and in that capacity embezzled amount received in "G.L. Sundry Deposit other Accounts" funds. At times, he withdrew the amount from the said account and deposited it in the loan account of certain persons. The petitioner opened dummy account so as to illegally deposit money in that account and diverted it to loan account of a person.

4. The facts emanating from the impugned FIR are intricate and only investigation will unravel whether offence has been committed or not.

5. While taking evidence on affidavits and counter affidavits in extraordinary writ jurisdiction, it cannot be recorded as a matter of fact that the petitioner is innocent.

6. No ground for interference is made out.

7. Petition is dismissed.

8. We, however, direct that investigation would be conducted by the Investigating Officer along with a person who has thorough knowledge of banking in view of intricacies involved in the case.

9. Let a copy of the order be sent to Superintendent of Police, Raibareilly for compliance.

Order Date :- 15.10.2015/Ps