Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1160 of 2011 ====================================================== Arti Devi Wife Of Late Basudev Gupta Resident Of Mohalla - Vidyapati Nagar, Ward No. 19, P.S. & District - Saharsa, Presently Resident At Mohalla - Line Bazar (Near Shiv Mandir), P.S. - K. Hat, District - Purnea .... .... Petitioner/s Versus 1. The State Of Bihar Through Its D.G.P., Bihar, Patna 2. The Chief Postmaster General, Patna 3. The Chief Postmaster General, Muzaffarpur Zone, Muzaffarpur 4. The Superintendent Of Police, Saharsa 5. The Postal Superintendent, Saharsa 6. The Deputy Post Master, Saharsa Bazar Post Office, Saharsa 7. Mr. Chandra Paswan, Asi-Cum-I.O. Of Police Station - Saharsa Sadar, District - Saharsa .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Prem Kumar Jha Mr. Rajesh Kumar Jha, Mr. Nishant Kumar Jha, Advocates For the State : Mr. Dilip Kumar, AC to GA 7 For the Respondents : Mr. Sharad Kumar Sinha, Mr. Amit Kumar Anand, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILESH KUMAR SINHA ORAL ORDER 7 25-09-2012 Heard learned counsel for the petitioner, learned Assistant Counsel to Government Advocate No. 7 appearing for the respondent nos. 1, 4 & 7 as also the learned counsel appearing for the respondent nos. 2, 3, 5 & 6. Today no one appears on behalf of the respondent no.8. In this writ application the challenge is to the letter no. 223/10 dated 3rd of February, 2010 (Annexure-8) issued by the respondent no. 7, whereby the Superintendent of Post Office, Saharsa Division, Saharsa Patna High Court CWJC No.1160 of 2011 (7) dt.25-09-2012 2 was requested not to allow the petitioner to make withdrawal from any of the postal account within Saharsa district since the petitioner is alleged to have withdrawn certain amount by fraudulent means leading to registration of Saharsa Sadar Police Station Case No. 496 of 2009 (Annexure-3) for the alleged offence under [STATUTE] . In the said case the petitioner is a named accused. On behalf of the petitioner it is submitted that the postal accounts as mentioned in paragraph 5 of the writ application at Saharsa Bazar Post Office, Saharsa are in no way connected with the alleged fraudulent withdrawal of the proceeds of the two fixed deposits in question for which the aforesaid criminal case was lodged against the two persons including the petitioner. It is submitted that notwithstanding the fact that the aforesaid accounts as mentioned in paragraph 5 of the writ application are not connected with the alleged withdrawals from the aforesaid term deposits as find mention in the aforesaid criminal case. As a matter of fact, even those amount have not been withdrawn and the same is still intact which also finds reference in the order dated 23.02.2010 passed by this Court while granting bail to the Patna High Court CWJC No.1160 of 2011 (7) dt.25-09-2012 3 co-accused of the said criminal case vide Annexure-4 of the writ application. Besides, the petitioner has categorically stated in reply to the counter affidavit that the alleged amount of two term deposit of rupees forty thousands each is still not withdrawn and the fixed deposit is being renewed from time to time. It is accordingly submitted that the petitioner being a widow is being unduly harassed at the instance of the respondent no. 8 and the Investigating Officer of the aforesaid criminal case without verifying the fact that the aforesaid five accounts are not connected with the alleged withdrawal for which the aforesaid criminal case was registered, issued the letter dated 3rd February, 2011 as contained in Annexure-8 requesting the Superintendent of Post Office not to allow withdrawal from any of the accounts in Saharsa district, and as such, the same deserves to be quashed. Learned counsel appearing for the postal department submits that the petitioner is not being allowed to operate the aforesaid accounts on account of the letter issued by the Investigating Officer as contained in Annexure-8. Learned counsel appearing for the State submits Patna High Court CWJC No.1160 of 2011 (7) dt.25-09-2012 4 that the petitioner withdrew the proceeds of two term deposits of rupees forty thousands each fraudulently and got a joint account opened in her name with the step daughter, Sapna Kumari so that she could withdraw the amount at her own convenience. However, from the counter affidavit, learned counsel for the State, could not show that the accounts as mentioned in paragraph 5 of the writ application are in any manner connected with the alleged withdrawal for which the criminal case was lodged. Considering the submissions of the parties and their respective pleadings, it would appear that the accounts as mentioned in paragraph 5 of the writ application have not been allowed to be operated by the respondent postal department for having a letter (Annexure-8) received from the Investigating Officer of the aforementioned criminal case. However, on perusal of the first information report it would appear that the aforesaid criminal case was lodged for the alleged withdrawal of two term deposits of rupees forty thousands each, and as such, these accounts as mentioned in paragraph 5 of the writ application is not connected with the aforesaid withdrawal. Moreover, it has been categorically stated on behalf of the petitioner that the aforesaid alleged Patna High Court CWJC No.1160 of 2011 (7) dt.25-09-2012 5 withdrawal of two term deposits of rupees forty thousands each is still not withdrawn and the same is in the post office which is being renewed from time to time. In the above circumstances, I am of the opinion that the letter no. 223/10 dated 3rd February, 2010 as contained in Annexure-8 issued by the respondent no. 7 requesting the respondent no. 5 not to allow withdrawal is not justified in

Applicable IPC Section: 467

Statute Text:
Section 467 of the Indian Penal Code. Forgery of a valuable security, will or authority to make or transfer any valuable security, or to receive any money, etc. Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.