The Allahabad High Court has stayed the arrest of the senior manager of Moradabad Gramin Bank on the condition that he cooperate in the investigation.
The Division Bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar passed this order while hearing a petition filed by Sai Prakash.
The relief sought in the petition is for quashing of the FIR dated 26.12.2024 registered as Case under Section 420, 467, 468, 471 IPC, Police Station Civil Lines, District Moradabad. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Counsel for the petitioner submitted that the petitioner has no complicity in the case. The whole prosecution story is totally false and frivolous.
He further submitted that the petitioner was working as Senior Manager at Mora Mustekham Branch of Prathma UP Gramin Bank established under the Regional Rural Bank Act, 1976 with its Head Office and Regional Office at Moradabad.
It is alleged in the FIR that there are major irregularities including in housing loan accounts, sanctioning loans based on falsified Income Tax Return (ITR) documents, releasing subsequent installment without verifying state wise utilization of funds and E-Rickshaw Loan Accounts non-confirmation of funds utilization for E-Rickshaw purchases.
He vehemently contended that in reference to housing loan, land of customers were mortgaged and in reference to petty loans for purchase of E- Rickshaw, no security required as per Government policy but in the present matter petitioner obtained two guarantors against every loan to protect the interest of of the bank.
He contends that at the relevant point of time out of 33 housing loans, in 28 accounts all construction work has been completed and in remaining 5, partial construction has been done and loans have been secured by mortgage of land and two guarantors and as far as issue of E- Rickshaw is concerned, out of 16 cases 7 accounts have already paid their entire loan amount and in two accounts only Rs 14,000 and Rs 23,000 are lying unpaid and borrowers are paying the dues regularly.
He also submitted that the service record of the petitioner is unblemished but on account of mala fide intention not only the FIR has been lodged but the Department has already initiated disciplinary proceeding and petitioner sevices have been placed under suspension but till date no charge-sheet has been submitted in the matter.
Moreover, it is also contended that once departmental proceeding is still going on, the lodging of impugned FIR for the same cause of action is not justified. Even though two parallel proceeding can go on simultaneously as per the dictum of the Apex Court in Capt M Paul Anthony vs Bharat Gold Mines Ltd & Anr, AIR 1999 SC 1416 but the same should be with due caution and certain riders, which in the matter has not been followed.
The court observed that the matter requires consideration by the Court.
The Court granted four weeks time to file counter affidavit for the respondents and one week time to file rejoinder affidavit. List thereafter.
“Considering the facts and circumstances of the case as briefly discussed above, as an interim measure, till the next date of listing or till submission of police report u/s 193(3) BNSS, whichever is earlier, the respondents are restrained from arresting the petitioner pursuant to the impugned FIR, subject to cooperation in the on-going investigation,” the Court ordered.
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