Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.12 of 2011 ====================================================== Shailendra Kishore Sharma S/o Shri Awadh Kishore Sharma, R/O village- Dighra, P.S.-Pusa, Distt.-Samastipur, at present working as Sr.Manager, under circle office, Punjab National Bank, Chanakya Tower, R-Block, Patna .... .... Petitioner/s Versus The State of Bihar through the Principal Secretary, Deptt. of Home, Govt. of Bihar, Patna, New Secretariat, Bailey Road, Patna 2.The Director General of Police, Police Head Quarters, Old Secretariat, Patna 3.The Additional Director General of Police, C.I.D., Police Head Quarters, Old Secretariat, Patna 4.The Inspector General, Patna Range, Patna at Patna 5.The Deputy Inspector General, Patna at Patna 6.The Senior Suptt. of Police, Patna at Patna 7.The City Suptt., Patna at Patna 8.The S.H.O., Gandhi Maidan, Patna 9.The Union of India through the Director, C.B.I., New Delhi 10.The Suptt. of Police., C.B.I. Patna Zone, Circular Road, Patna at Patna 11.Sandeep Gautam son of Suresh Lal Das, Cluster Head, H.D.F.C. Bank Ltd., Kali Bazar, Araria, Dist.- Araria, A/P-102, Veenashree Apartment, New Punaichak, Dist.-Patna .... .... Respondent/s ====================================================== with Criminal Writ No.13 of 2011 ====================================================== Malvinder Singh son of Jagjit Singh, Resident of 82, Dashmesh Colony, Rajpura Town, Dist. Patiala (Punjab), at present working as AGM at Branch office PNB, at Sector-8, Dist.-Panchkula, Haryana. .... .... Petitioner/s Versus 1.The State of Bihar through the Principal Secretary, Deptt. of Home, Govt. of Bihar, Patna, New Secretariat, Bailey Road, Patna 2.The Director General of Police, Police Head Quarters, Old Secretariat, Patna 3.The Additional Director General of Police, C.I.D., Police Head Quarters, Old Secretariat, Patna 4.The Inspector General, Patna Zone, Patna at Patna 5.The Deputy Inspector General, Patna at Patna 6.The Senior Suptt. of Police, Patna at Patna 7.The City S.P., Patna at Patna 8.The S.H.O., Gandhi Maidan, Patna 9.The Union of India through the Director, C.B.I., New Delhi 10.The S.P., C.B.I. Patna Zone, Circular Road, Patna at Patna 11.Sandeep Gautam son of Suresh Lal Das, Cluster Head, H.D.F.C. Bank Ltd., Kali Bazar, Araria, Dist.- Araria, A/P-102, Veenashree Apartment, New Punaichak, Patna .... .... Respondent/s ====================================================== Appearance : For the petitioners: Mr.Shashi Anugrah Narain, Sr. Advocate Patna High Court CR. WJC No.12 of 2011 (8) dt.03-10-2012 2 and Mr. Suresh Prasad Singh No.1, Advocate For the C.B.I. : Mr. Bipin Kumar Sinha, Advocate For the State : Mr. Ajay Kumar, AC to AAG-1 For the informant: Mr. Akhileshwar Prasad Singh, Sr. Advocate and Mr. Girijesh Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 8 03-10-2012 Since both the writ petitions arise from a common F.I.R. and common questions of law and fact have been raised therein, they have been heard together and are being disposed of by a common order. The prayers in both the writ petitions are as follows: (a) To quash the order dated 5.2.2009 passed by the learned Chief Judicial Magistrate, Patna , by which warrant of arrest has been issued against the petitioners in connection with Gandhi Maidan P.S. Case No.346 of 2008 dated 8.11.2008 registered under [STATUTE] . (b)To quash the entire criminal proceedings against the petitioners in connection with the aforesaid first information report as the same appears to be vexatious, vindictive and illegal. (c)To declare the investigation of the case and carrying out the investigation by the local police to be without jurisdiction pursuant Patna High Court CR. WJC No.12 of 2011 (8) dt.03-10-2012 3 to the Central Vigilance Commission Act, 2003 (hereinafter referred to as “CVC Act”) as the local police had no jurisdiction to carry out the investigation of any case of fraud related to misappropriation of amount in which the amount involved is more than one crore. The prosecution case in brief is that the informant Sandip Gautam, a Cluster Head of H.D.F.C.Bank, Exhibition Road, Patna gave a written report dated 8th November 2008 to the Officer-in-charge, Gandhi Maidan Police Station, Patna alleging that his Patna Main Branch has a current A/c No. 0380002100060239 with Punjab National Bank at Exhibition Road, Patna for last several years as a Branch of Punjab National Bank which is linked to Current Chest. Due to safety reasons, the cash of his Bank was deposited in Punjab National Bank through authorized agency dealing with secured cash remittance, viz M/s Securitrans India Pvt. Ltd. On 19th September 2008, his Branch handed over cash amounting to Rs.4,70,00,000/- (Rupees four crore seventy lacs) through the authorized representatives of M/s Securitrans India Pvt. Ltd. Out of the said amount of Rs.4,70,00,000/-, only a sum of Rs.1.7 crores was credited in his Bank’s Current Account with the Punjab National Bank on Patna High Court CR. WJC No.12 of 2011 (8) dt.03-10-2012 4 different dates from 20th September 2008 to 3rd October 2008 and that on observing the reconciliation account it was found that a sum of Rs.3,00,00,000/- (three crores) had not been credited to his Bank Account by the Punjab National Bank Officials. It was further alleged that on 21st October 2008, an amount of Rs.4,90,00,000/- (Rupees four crore, ninety lacs) was deposited in the Punjab National Bank through their authorized representative M/s Securitrans India Pvt. Ltd. and Sri K.P. Singh, Branch Manager confirmed that the amount was deposited in his Bank. The further allegation is that the Branch Manager and the Head Cashier of the Punjab National Bank had not provided credit of total amount of Rs.7.9 crores of his Bank and the money had been fraudulently misappropriated. The informant stated in

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.