RAMAN KUMAR Vs. STATE

JUDGEMENT

(1.) This criminal revision is directed against the order dated 30th May 1986 passed by Shriubhash Wason, then Chief Metropolitan Magistrate whereby the prayer of the petitioners for releasing the various properties and bank accounts was declined. Petitioners Raman Kumar and Madan Kumar are brothers and Smt. Raj Rani is their mother.

(2.) The C.B.I, registered a case as FIR 1/86 under Sections 420/467/ 468/471 and Section 120-B Indian Penal Code and Section 5(2) of the Prevention of Corruption Act on 16-1-1986 on the allegations that the petitioner Raman Kumar in conspiracy with his brother Chaman Kumar conspired to cheat State Bank of India. The C.B.I. (Banking Division) registered another case as R.C. 2/1986 on 28-1-1986 for offences under Sections 120-B/420/467/471/477A and Section 5(2) of the Prevention of Corruption Act on the allegations that the petitioner <PG>33</PG> Raman Kumar also conspired with Vipin Kumar during the same period and in pursuance of that conspiracy nearly a sum of Rs. 18 lacs was credited to the account ofVipin Kumar. Thereafter, in February 1986 the C.B.I, registered another case as R.C. 4/86 against Raman Kumar and one other on similar allegations. Raman Kumar was at the relevant time during the period September 1983 to April 1984 working as a clerk in the Services Branch of the State Bank of India, 11, Parliament Street, New Delhi and the functions of that Branch were to manage inward and outward clearing of cheques and other negotiable instruments of all the local branches of the State Bank of India. The aforesaid Services Branch of the State Bank of India received negotiable instruments from all the local branches of the State Bank of India every day which are meant for collection from local branches of other banks including Punjab & Sindh Bank and U.C.O. Bank. Raman Kumar who was at the relevant time working in the Services Branch of the State Bank of India was a clerk concerned meant for tying the list of negotiable instruments received in the Services Branch with reference to the Punjab & Sindh Bank and U.C.O. Bank. Raman Kumar is alleged to be the brain behind the fraudulent syphoning off of huge amounts of the funds of State Bank of India and so far the fraud discovered is to the sum of Rs. 58 lacs.

(3.) Along with the revision petition annexures A, B and C have been filed by the petitioners which show the cash, gold-ornaments and various other things including pass-books, cheque-books, receipt books of various financiers, deposit receipts and pay-in-slips etc. which were seized by the C.B.I. on conducting searches from the following premises :- (a) residential premises A-10 Derawala Nagar, Delhi, in occupation of Raman Kumar, Chaman Kumar and their father Radhey Lal; (b) second floor of House Z-7, Model Town-11, Delhi-9 in occupation of Shri Radhey Lal and his sons, Chaman Kumar, Raman Kumar and Madan Kumar; (c) office/shop/godown under the name and style of M/s. Raj Electronics at F-14/55, Model Town-11.