SOUTH INDIAN BANK LTD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of present criminal writ petition, the petitioner bank seeks to issue a writ of mandamus commanding respondent nos. 1 to 4 to conduct a fair and speedy investigation in connection with FIR no. 389 of 2012, titled as State vs Sanjay Minocha and others, lodged at police station, Kotwali, District Dehradun. The petitioner also seeks to issue appropriate direction commanding the respondent nos. 1 to 4 to see that proper and thorough investigation is conducted on the allegations contained in the complaint filed by the bank on 01.08.2012, which led to the registration of the aforesaid FIR, as expeditiously as possible. The petitioner further seeks respondent no. 1 to 4 to take immediate action against all the accused persons ensuring their physical presence; direct respondent no. 3 to issue appropriate instructions to the clearing house for collecting records pertaining to clearing schedule, instruments presented for Inward / Outward clearing from the Dehradun Branch of the petitioner from 01.12.2007 till 30.06.2012; freezing the accounts of the accused persons, co -accused and their associates in the bank and for attaching the movable and immovable property of the accused, co -accused and their associates so that the amount misappropriated by them are made good and for attaching all the properties acquired out of the proceeds of fraud, including those reflected in Annexure P - 28.

(2.) BY way of amendment, the petitioner seeks to transfer the investigation to CBI or any other impartial investigating agency.

(3.) BRIEF facts of the case are that an FIR was lodged by the Branch Manager of South Indian Bank against Sanjay Minocha and Vijay Kushwaha on 23.11.2012 at police station Kotwali Dehradun, alleging forgery of Rs. 8 crores (4 crore each by accused persons), which FIR was registered as Case Crime No. 389 of 2012, under Section 420 of IPC. The application was addressed to the Dy. Inspector General of Police on 08.11.2012 which has a reference to bank s earlier complaint dated 01.08.2012 with respect to the forgery detected at their Branch.