Court No. - 77
Case :- APPLICATION U/S 482 No. - 42477 of 2019 Applicant :- Branch Manager Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
The applicant Branch Manager, UCO Bank, Ravatpara Branch, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of the Court with prayer for quashing of non bailable warrant issued against the applicant in pursuance of the order dated 26.09.2019 passed by learned Special Chief Judicial Magistrate, Agra, in Complaint Case No. 209 of 2016, (Smt. Niramal Mehra Vs. Branch Manager, UCO Bank, Ravatpara Branch), under Sections 406, 420 of IPC, Police Station- Mantola, District Agra. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant argued that impugned summoning order was challenged before this Court, in a proceeding under Section 482 of Cr.P.C. No. 11772 of 2018, wherein proceeding of Complaint Case No. 209 of 2016, (Smt. Niramal Mehra Vs. Branch Manager, UCO Bank, Ravatpara Branch) was stayed and this stay order was extended vide order dated 13.3.2019. But, again N.B.W. has been issued against him. Hence, for ensuring end of justice, this application has been filed with above prayer.
Let notice be issued to Smt. Nirmal Mehra, inviting counter affidavit, within four weeks. Rejoinder affidavit, if any, within two weeks, thereafter.
Notice for state has already been taken by learned AGA. He may also file counter affidavit, specifying as to how and under what circumstances, a criminal case can be lodged for offence punishable under Sections 406 and 420 IPC, against a person who is a non living entity i.e. by the name of an office i.e. Branch Manager of UCO Bank? How a post can be cause of offence of fraud and deceit unless accused is a living entity and have committed above occurrence with mensrea for commission of fraud or deceit? How an office can be held as an accused for commission of a fraud without specifying the name of person, who committed this offence by occupying above office? But no such name of any person is given in complaint or in statement recorded under Sections 200 and 202 of Cr.P.C. or in summoning order.
Let a reply of Magistrate, who presided in above Court on above date of summoning as well as date of issuance of N.B.W., i.e. Special Chief Judicial Magistrate, Agra, who was in office on 17.2.2018, be also directed to explain his version on above point, raised by this Court.
List this application with above previously instituted proceeding under Section 482 of Cr.P.C. No. 11772 of 2018, for hearing before appropriate Bench.
Till then execution of N.B.W. and further proceeding of above complaint case, shall remain in abeyance.
Order Date :- 28.11.2019 Kamarjahan