State Bank Of India v. The Commissioner Of Police (Bank Fraud Wing)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN State Bank of India, Rep. by its Manager Maintenance, Shri Atulya Kanth S/o.Shri Kant Pathak, RACPC, Ayyappanthangal Branch, Chennai - 600 056.

... Petitioner Vs.

1.The Commissioner of Police (Bank Fraud Wing), Office of the Commissioner of Police, Avadi, Chennai - 600 055.

2.The Inspector of Police, Bank Fraud Wing, Office of the Commissioner of Police, Avadi, Chennai - 600 055.

... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, direct the respondent-Police to register F.I.R. as against the accused in pursuance to the order dated 24.06.2024 passed in Crl.M.P.No.857 of 2024, on the file of the learned Judicial Magistrate-I, Poonamallee and investigate the case in accordance with law.

For Petitioner : Mr.A.Arfat Mohammed For Respondents : Mr.S.Sugendran Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition is filed seeking a direction to the respondent-Police to register an F.I.R. against the accused in pursuance of the order dated 24.06.2024 passed in Crl.M.P.No.857 of 2024, on the file of the learned Judicial Magistrate-I, Poonamallee, and to investigate the case in accordance with the law.

2. The learned Additional Public Prosecutor, on instructions from the respondent Police, submits that the respondent Police conducted a preliminary enquiry and filed a final report before the learned Magistrate.

3. In view of the above submission, the petitioner is at liberty to work out his remedy in the manner known to law. The learned Magistrate is directed to send notice to the petitioner and dispose of the matter in accordance with the law.

4. Accordingly, this Criminal Original Petition is dismissed. 19.12.2024 Index : Yes/No Speaking Order : Yes/No r n s 2/4

To 1.The Commissioner of Police (Bank Fraud Wing), Office of the Commissioner of Police, Avadi, Chennai - 600 055.

2.The Inspector of Police, Bank Fraud Wing, Office of the Commissioner of Police, Avadi, Chennai - 600 055.

3.The Judicial Magistrate-I, Poonamallee.

4. The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J r n s 19.12.2024 4/4