PANKAJ KUMAR SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing of the entire criminal proceeding of Chas P.S. Case No.125/2013, G.R.No.606/2013, pending in the court of learned Chief Judicial Magistrate, Bokaro.

(2.) The Branch Manager of Andhra Bank has filed the case alleging therein that the informant namely Subrat Kumar Kundu, who is the Branch Manager of Andhra Bank, Chas, Bokaro gave a written application dtd. 18/4/2013 to O/c Chas Police Station regarding forged Account No.121210100015504 (Scholarship Fund, Sarvoday High School, Pindrajora), and stating therein that, he informed to Head Master of Sarvoday High School, Pindrajora, Chas on 18/4/2013 he came at Andhra Bank and gave a written application that there is no account of his school has opened in said Bank, then informant made enquiry who opened the Account. During inquiry it was found that one Mahender Prasad Das, s/o Rameshwar Pd. Das, r/o Sector-XII/E, Qr. No.1225, Bokaro, Mobile No.-09507170226 has opened the said account on 20/11/2012 and on 6/12/2012 and 21/12/2012 Rs.3,23,740.00 and Rs.4,84,400.00 credited from the fund of B.D.O., Bokaro through NEFT/RTGS; which has already been withdrawn by Mahender Prasad Das. Informant called him from land line phone of Bank to him regarding any further fund. On such information he came at Bank. Informant detained him and informed to headmaster of said school. Head Master of said school namely Dr.Virendra Singh came. After inquiry he disclosed everything and took the name of his associates namely Anil Kumar, who is head clerk of office of Block Welfare Officer, Chas, Bokaro. Hence leading to lodgment of this case.

(3.) Mr. Sanjay Kumar, the learned counsel appearing for the petitioner submits that the petitioner has not received any summons from the police or the concerned court. He further submits that there is no material against the petitioner, however, by way of supplementary charge sheet dtd. 30/8/2016 the petitioner has been shown as absconder. He submits that the petitioner has got no concern with opening the bank account which is the allegation in the FIR. On this ground, he submits that the entire criminal proceeding may kindly be quashed.