Full Judgment Text
Neutral Citation Number 2023:DHC:2927
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2049/2022, CRL.M.A. 8694/2022
ASHUTOSH DHYANI AND ORS ..... Petitioners
Through: Mr. Mohit Mathur, Sr. Adv. with Mr.
Rajnish Gaur, Mr. Amol Sharma and
Ms. Divya Rana, Advs.
Versus
STATE GOVERNMENT OF NCT OF DELHI AND ANR.
..... Respondents
Through: Mr. Yudhishter Sharma, Ms. Neelam
Sharma with Inspector Manoj kumar,
DIO/NW
Mr. Hemant Mehla, APP for the State
Mr. Vaibhav Sharma, Advs for
Complainant/R-2
th
% Date of Decision:10 April, 2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
J U D G M E N T
CRL.M.C. 2049/2022 Page 1 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:01.05.2023
12:16:33
Neutral Citation Number 2023:DHC:2927
DINESH KUMAR SHARMA, J. (Oral)
1. The present petition has been filed challenging the order dated
24.03.2022 pursuant to which FIR No. 0351/2022 under section
409/34 IPC at PS Model Town was registered against the present
petitioners and various other persons. Order dated 24.03.2022 of the
learned MM-03, North, Rohini reads as under:
“Present: Sh. Archit Upadhyay and Ms. Nikita Maheshwari,
Ld.Counsels for complainant.
IO SI Harish Hooda in person.
Arguments heard.
I have perused the application u/s 156(3) Cr.P.C as well
as status report/reply filed by IO SI Harish Hooda. In the
application it is alleged that complainant filed complaint before
EOW-II, Gurugram which has been transferred to OCP North
West and further to PS Model Town alleging that complainant
is aggrieved by the criminal acts of accused persons that they
committed criminal breach of trust against the complainant but
despite that complaint police did not take any action. It is
stated that complainant also made complaint to higher officials
but no action was taken.
IO filed his report. It is mentioned in the report that the the
complainant has not reported any wrongful loss in his
complaint and therefore no cognizable offence is made out.
The Court prima facie believed that cognizable offence have
been committed.
Therefore, SHO PS Model Town is directed to initiate the
investigation on the complaint of complainant after formally
registering the FIR. Compliance report be filed in 7 days. The
application u/s 156(3) Cr.P.C is accordingly disposed off.
CRL.M.C. 2049/2022 Page 2 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:01.05.2023
12:16:33
Neutral Citation Number 2023:DHC:2927
Copy of this order alongwith copy of complaint be sent to SHO
concerned dasti. SHO is directed to comply with the order and
file the copy of FIR in court within 7 days.
Put up for filing of final report on 31.03.2022.”
2. FIR No. 351/2022 under Section 409/34 IPC has been lodged against
the following persons;
i. Mr. Pappu Kumar. ex-employee of Kotak Mahindra Bank Limited
bearing employee 1025622.
ii. Mr. Deepak, ex-employee of Kotak Mahindra Bank limited,
bearing employee 1053846.
iii. Mr. Ashutosh Dhyani, Branch Manager., Kotak Mahindra Bank
Limited, JMD Regent Square branch, Gurugram- 122002.
iv. Mr. Kanhaiya Agarwal, Area Manager, Kotak Mahindra Bank
limited, JMD Regent Square branch, Gurugram- 122002.
v. Mr.Sumit Gupta,Relationship Manager, Mahindra Bank
Limited, JMD Regent Square branch, Gurugram- 122002.6.
Regional Manager, Kotak Mahindra Bank limited, JMO Regent
Square branch. Gurugram- 122002.
vi. Mr. Haratambos Tsiattalou, Partner, Stokoe Partnership
Solicitors S. Omkar Nath Tripathi New Delhi
vii. Other Unknown person(s),
CRL.M.C. 2049/2022 Page 3 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:01.05.2023
12:16:33
Neutral Citation Number 2023:DHC:2927
3. Learned senior counsel for the petitioners submits that the present
petitioners before this Court are the bank employees and they have no
role to play. Learned senior counsel has invited the attention of the
Court to the status report filed by the State wherein it has been stated
that the complainant had also filed a complaint to the Bank and on the
internal inquiry of Kotak Bank, it has been established that the
accused Deepak accessed and leaked the statement of complainant’s
company bank account without customer request and for gross
negligence alleged Deepak and Pappu Kumar have been terminated
from the bank’s service. Learned senior counsel for the petitioners
submits that though this petition under Section 482 Cr. P.C. However,
it may also be treated as petition under Section 438 Cr. P.C. Learned
senior counsel submits that as the petitioner(s) are joining
investigation as and when directed by the IO, the interim protection
to them may be confirmed
4. Learned APP for the State submits that the investigation is still
continuing and there is no ground to quash the FIR pending
investigation. Learned counsel for the complainant also submitted that
in the present proceedings, anticipatory bail cannot be granted.
5. Section 482 Cr. P.C. confers inherent power upon this Court to
prevent miscarriage of justice and to prevent the abuse of process of
Court. I consider at the outset, the way in which order dated
24.03.2022 is passed, it leaves much to be desired. Learned MM-03
has passed the order for registration of FIR without giving any reason
on the basis of which such directions have been made. The
CRL.M.C. 2049/2022 Page 4 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:01.05.2023
12:16:33
Neutral Citation Number 2023:DHC:2927
registration of FIR itself causes serious consequences and may even
affect the basic fundamental rights of the individual. The direction for
issuance of the FIR is an important order and it must have sufficient
reasons and must be a speaking order. However, since in pursuance to
the FIR, the FIR has already been lodged and the investigation is still
continuing, I consider that at this stage, interfering with the order
dated 24.03.2022 would be putting the cart before the horse.
However, in order to balance the interest of justice, it is directed that
in the event of the arrest, the petitioners will be admitted to bail on
furnishing a personal bail bond of Rs.30,000/- each with a surety of
the like amount subject to the satisfaction of the learned Investigating
Officer with the following terms and conditions:
a) the Applicant shall cooperate in the investigation and
appear before the Investigating Officer of the case as and when
required;
b) the Applicant shall under no circumstances leave India
without prior permission of the Court concerned;
c) the Applicant shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with
the facts of the case;
d) the Applicant shall provide his/her mobile number(s) to
the Investigating Officer and keep it operational at all times;
e) In case of a change of residential address and/or mobile
number, the Applicant shall intimate the same to the
Investigating Officer/ Court concerned by way of an affidavit.
CRL.M.C. 2049/2022 Page 5 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:01.05.2023
12:16:33
Neutral Citation Number 2023:DHC:2927
6. It is also pertinent to note that the petitioners are bank officials and
such proceedings may take some time which will prejudice their
careers. Accordingly, the investigation officer is directed to conclude
the investigation in accordance with the law within six months and
file the report accordingly. Further, the petitioners will have the
liberty to avail the appropriate remedy in terms of the report filed by
the IO.
7. The present petition along with pending applications stand disposed
of.
DINESH KUMAR SHARMA, J
APRIL 10, 2023
Pallavi
CRL.M.C. 2049/2022 Page 6 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:01.05.2023
12:16:33