The High Court dismissed a writ petition challenging inaction during investigation into anomalies in a Union Cooperative Bank. Relying on settled law, the Court noted the petitioners' apprehension lacked basis as police had submitted Final Reports.
Writ petition stands dismissed.
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GAHC010022312023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/743/2023
MD KUBBAT ALI MONDOL
S/O- LT. KARIMUDDIN MONDOL, R/O- VILL- OJAH GAON, P.O. NIJIKHARUPETIA, P.S. DHULA, DIST.- DARRANG, PIN- 784115, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF HOME, DISPUR, GHY-06, ASSAM
2:THE DIRECTOR GENERAL OF POLICE GOVT. OF ASSAM ULUBARI GUWAHATI PIN- 781007
3:THE SUPERINTENDENT OF POLICE DARRANG MONGOLDOI ASSAM PIN- 784125
4:THE OFFICER-IN-CHARGE KHARUPETIA P.S. DIST.- DARRANG ASSAM PIN- 784125 5:THE UNION CO-OPERATIVE BANK LTD. REP. BY MANAGING DIRECTOR KANAKLATA PATH G.S ROAD
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BHANGAGARH GHY-05 ASSAM 6:THE UNION COOPERATIVE BANK LTD. DEKIAJULI BRANCH REP. BY THE BRANCH MANAGER I/C KHARUPETIA DIST.- DARRANG ASSAM PIN- 78412
Advocate for the Petitioner : MR. A K PURKAYASTHA
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
03-03-2023
Heard Shri A. K. Purkayastha, learned counsel for the petitioner whose principal grievance was with regard to the alleged inaction of the investigating authority to investigate the allegation of large-scale anomalies in the Union Co-operative Bank Limited, Kharupetia. The further allegation of the petitioner is that even though an FIR was lodged, there is no steps seen to be taken towards the investigation.
This Court while taking up the matter on 13.02.2023 had however observed that the role of a Writ Court in matter of this nature is restricted as per the settled law of the Hon’ble Supreme Court, in amongst others, the case of Sakiri Basu Vs State of UP & ors. reported in 2008 (2) SCC 409 . Nonetheless, this Court had directed the learned State Counsel to obtain instructions regarding the status of the investigation.
Ms. M. Barman, the learned State Counsel submits that two police cases were registered being Kharupatia PS Case No. 39/2021 and Kharupetia PS Case No. 367/2021 and in both the cases, Final Reports (FR) have been submitted.
In that view of the matter, the apprehension of the petitioner appears to be without any basis. Accordingly, the writ petition stands dismissed.
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A copy of the written instruction placed before this Court by Ms. Barman, learned State Counsel is made part of the records.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether a writ court can direct investigation into alleged anomalies in bank operations.
Whether final reports submitted by police negate the petitioner's apprehension.
Whether the writ petition should be dismissed given the status of police inquiry.
Colour shows how this judgement treated each authority
Sakiri Basu Vs State of UP & ors.Referred¶20
Sakiri Basu Vs State of UP & ors. reported in 2008 (2) SCC 409 · Who else cites this
MD KUBBAT ALI MONDOL
THE STATE OF ASSAM
THE DIRECTOR GENERAL OF POLICE GOVT. OF ASSAM
THE SUPERINTENDENT OF POLICE DARRANG
THE OFFICER-IN-CHARGE KHARUPETIA P.S.
THE UNION CO-OPERATIVE BANK LTD.
SANJAY KUMAR MEDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
