SHIV NARAIN SINGHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) PAWAN Kumar Singhal, brother of the petitioner, was employed as a teller in New Bank of India, Jind and in that capacity, it was alleged that he withdrew huge amount from the accounts of various customers of the Bank by forging their signatures. Case F.I.R. No. 502 was registered against Pawan Kumar and the present petitioner at Police Station, City, Jind on 21 -11 -1990 on the basis of a letter sent by the Manager, New Bank of India, Jind. The allegations in the First Information Report against the present petitioner were that on 7 -11 -1990 he visited the Bank and handed over Rs. 27,000/ - to the Manager on behalf of his brother Pawan Kuamr Singhal and he also informed the Manager that Pawan Kumar had withdrawn huge amount from the various saving bank accounts by forging signatures and thumb impressions on the withdrawal forms. Shiv Narain Singhal has filed the present petition under section 482 of the Code of Criminal Procedure for quashing the First Information Report, the same being a gross misuse of the process of the Court. He alleged that his name was wrongly mentioned as an accused with a view to harass and humiliate him. He had not committed any offence nor the contents of the First Information Report made out any offence against him. In the return filed by the respondent No.1 it was admitted that a case was registered against the petitioner and his brother on the basis of a letter received, from the Manager of the Bank but it was contended that the same was not done with some ulterior motive. It was further pleaded that the petitioner was not wanted in the case as he had not misapproprieted any amount of the Bank. The amount was alleged to have been embezzled by his brother. The petitioner had not committed any offence nor he could be termed as an accused. He was called by the police simply to verify the facts and after necessary vertification he was allowed to go. I have heard the counsel for the parties. In view of the reply filed by the State, the petition is not resisted by the learned Deputy Advocate General, Haryana. Even otherwise the allegations made in the First Information Report do not make out the ingredients of any offence having been committed by the petitioner. The petitioner is not in any way connected with the transaction of the Bank. The only allegations against him are that he informed the Manager of the Bank that his brother had withdrawn a huge amount from the saving bank accounts of the customers of the Bank by forging their signatures or thumb impressions on withdrawl forms and he handed over a sum of Rs. 27,000/ - to the Manager of the Bank on behalf of his brother. The respondent has not relied upon any document on the basis of which it could be said that the petitioner was prima -facie liable for any offence. Rather the stand of the respondent is that the petitioner is not an accused. In these circumstances the petition is allowed and F.I.R. No. 502 dated 21 -11 -1990 registered at Police Station, City, Jind is quashed qua the petitioner. Petition allowed.