RAVI SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these criminal writ applications have been preferred by the employees of the State Bank of India who are serving in different branches of the Bank in the State of Bihar. They have occasion to move to this Court seeking quashing of the first information reports lodged against them by the Sub- Registrars of different Registry Offices in the State of Bihar at the instance of the Principal Secretary, Department of Registration, Excise and Prohibition, Govt. of Bihar for the reason that the Bank in which they are serving as Branch Manager had either failed to credit the interest amount claimed towards the delayed transfer of the amount collected by the concerned Branch on account of registration of deeds and process fees and kept in the Accounts of the concerned Registry Offices of the State of Bihar, to the Government Treasury or for the reason that the Branch Manager(s) had not furnished the data 's showing the period of delay in transfer of money. All the FIRs have been registered by the Sub-Registrars of the Registry Office referring to the direction of the department alleging that due to violation of the rules of the Reserve Bank of India relating to transfer of the amount by the Bank in the Government Account, the Government has incurred loss of interest.

(2.) In Cr.W.J.C. No. 431 of 2016 the FIR being Bikram P. S. Case No. 52 of 2016 dtd. 18/3/2016 registered under Ss. 409, 419 and 420 of the Indian Penal Code, in Cr.W.J.C. No. 450 of 2016 the FIR being Motipur P. S. Case No. 63 of 2016 dtd. 18/3/2016 registered under Ss. 409 and 420 of the Indian Penal Code, in Cr.W.J.C. No. 457 of 2016 the FIR being Kamtaul P. S. Case No. 35 of 2016 dtd. 18/3/2016 registered under Ss. 409, 420, 467 and 468 of the Indian Penal Code, in Cr.W.J.C. No. 469 of 2016 the FIR being Mohania P. S. Case No. 133 of 2016 dtd. 19/3/2016 registered under Ss. 188 and 353 of the Indian Penal Code, in Cr.W.J.C. No. 473 of 2016 the FIR being Piro P. S. Case No. 95 of 2016 dtd. 8/3/2016 registered under Ss. 409 and 420 of the Indian Penal Code, in Cr.W.J.C. No. 485 of 2016 the FIR being Jagdishpur P. S. Case No. 48 of 2016 dtd. 17/3/2016 registered under Ss. 409 and 420 of the Indian Penal Code and in Cr.W.J.C. No. 829 of 2016 the FIR being Warishnagar P. S. Case No. 91 of 2016 dtd. 18/3/2016. registered under Ss. 409 and 420 of the Indian Penal Code are under challenge. The petitioners have also prayed for a direction upon the competent authority of the respondent State of Bihar for taking appropriate departmental action against the concerned officer for directing the lodging of the first information report against the officials of the State Bank of India in such circumstances wherein no offence at all is made out. Alleging that it is a case of misuse and abuse of the official position and is a malafide exercise of power, the petitioners have also prayed for any other relief/reliefs for which the petitioner(s) may be found entitled to.

(3.) It appears that after filing of these writ applications, when the matter came up for consideration before a learned co- ordinate Bench of this Court on 24/5/2016, the learned co- ordinate Bench had been pleased to stay the investigation of the case and it was directed that until further order, investigation shall remain stayed. Brief facts & Submissions of the petitioner(s)