RUI FERREIRA Vs. THE POLICE INSPECTOR AND ORS.

JUDGEMENT

(1.) Heard. Admit. Heard finally by consent of the parties.

(2.) A complaint was filed by the applicant before the Court of Judicial Magistrate First Class at Panaji contending that he is the share holder of Goa Urban Co-operative Bank Limited and therefore, concerned for welfare and interest of the bank. He submitted that he noticed a fact that one Mr. Sham Naik, was appointed by the bank on contract basis, although he was a former employee of the bank who had been allowed to take voluntary retirement from the bank. It was further submitted by learned Counsel for the applicant that under the Voluntary Retirement Scheme-2005, once an application of an employee seeking his voluntary retirement from the bank is allowed, his association with the bank in any manner is not permissible and in no case, such an employee can be recruited or appointed on contract basis. He submits that the fact that Mr. Naik was appointed by the bank amounted to committing of fraud by the bank as the funds of the bank stood misappropriated. So, the applicant filed a police complaint dated 27.02013. However, no action was taken by the police.

(3.) The applicant, therefore, filed a criminal complaint before the Judicial Magistrate First Class, Panaji alleging all these facts. In this complaint, the applicant prayed for issuance of directions to the respondents, that is the Police Inspector, Panaji police station and Superintendent of Police (North), Goa for registration of F.I.R. for offences punishable under Sections 404, 406 and 420 IPC against Mr. Sham Naik and one more person Mr. Vishnoo Naik, the Chairman and the principal administrator of the bank, who had acted in collision with Mr. Sham Naik. The applicant also sought a direction to the police to investigate the matter properly and submit it's report to the Court.