Hon'ble Jaspreet Singh,J.
The Court has been convened through Video Conferencing.
Heard Sri Sandeep Kumar Srivastava, earned counsel for the petitioner, Ms. Som Prabha Mishra, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The present writ petition has been filed by the petitioner, namely, Amrit Kumar with the following prayer:-
"(i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned FIR lodged in Case Crime No.173 of 2021, under Section 409 I.P.C., P.S. Kotwali Nagar, District Raebareli.
(ii) Issue a writ, order or direction in the nature of mandamus thereby restraining the opp. party nos. 2 and 3 from making arrest of the petitioner in Case Crime No.173 of 2021, under Section 409 I.P.C., P.S. Kotwali Nagar, District Raebareli."
Learned counsel for the petitioner submits that the petitioner was posted as a Cash Officer in the State Bank of India, Main Branch, Super Market, Raebareli.
He further submits that there were two passwords for the CDM Machine, one is with the petitioner and the other one is with the Mr. Hasan Zia who was a joint account holder with the petitioner and it is stated that without the second password the transactions could not be made by opening machine until both passwords are entered, hence, no fraud has been committed by the petitioner. He further submitted that on 28.01.2021, the petitioner was transferred to another Branch and after one month, he was called upon by the Branch in question, then he came to know about the fraud being committed. He also argued that a new cashier has taken charge on 28.01.2021 after one month of his taking charge, he checked the CDM Machine and detected the fraud. He next submitted that there has been no complaint against the working of the petitioner and the impugned FIR has been lodged against him by the respondent no. 4, Chief Manager, SBI, Main Branch, Super Market, Raebareli for the purpose of harassment and oblique motive, hence, no offence is made out against the petitioner and the FIR is liable to be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence and submits that the petitioner is involved in embezzlement of the amount of the Bank in question by adopting fraudulent means and it is the case of Bank fraud.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 31.5.2021 NS/Asheesh