LAWS(SC)-2008-5-197

ICICI BANK Vs. SHANTI DEVI SHARMA

Decided On May 15, 2008
ICICI BANK Appellant
V/S
Shanti Devi Sharma And Others Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order dated 13th July, 2006 passed by the High Court of Delhi in Writ Petition (Criminal) No. 576 of 2006 and order dated 11th August, 2006 passed in Crl. M. A. Nos. 8093-94/2006 in W.P. (Crl.) No. 576 of 2006.

(3.) The question that arises in this case in narrow compass: Should part of the impugned judgment be expunged so that it may not adversely influence on an ongoing criminal investigation The respondent filed a criminal writ petition number 576 of 2006 with the Delhi High Court. Vide this writ petition, the respondents sought a writ of mandamus that would direct the Commissioner of Police to take action against the appellant-Bank. Respondent No. 1 alleged that her son committed suicide as a result of the manner in which the Banks recovery agents had re-possessed her sons motorcycle. In the first information report (F.I.R.) dated 29-11-2005, the respondent alleged that on 16th October, 2005 at about 1.00 p.m., two recovery agents (referred to as "goons") forcibly entered her sons bedroom and started harassing and humiliating him for the loan payments that were overdue on his two wheeler and on his personal loan.