Patna High Court – Orders
Firoz Alam And Another vs The Union Of India , Through The Director … on 16 January, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1004 of 2022
Arising Out of PS. Case No.-6 Year-2017 Thana- C.B.I CASE District- Patna
======================================================
1. FIROZ ALAM, Son of Zafiruddin, Resident of Village - C/o Md.
Nasimuddin , Millat Colony, Sector-2, Phulwarisharif, Patna, Presently
Residing at Panderpala, Dhanbad, P.O.- Polytechnic, P.s.- Bank More, Distt.-
Dhanbad.
2. Md. Ashraf Mobin Ansari @ Md. Ashraf Mobin, Son of Mobin Ansari,
Resident of Village - Moghalpura, Jalwa Toli, Near Raushan Sahid Mazar,
patna City (Bihar)-800008
... ... Petitioner/s
Versus
1. The Union of India , Through the Director , Central Bureau of Investigation,
New Delhi. Govt. of India.
2. The Superintendent of Police, Anti Corruption Branch, Central Bureau of
Investigation, ACB, Patna. Bihar
3. The Deputy Superintendent of Police, Anti Corruption Branch, Central
Bureau of Investigation, ACB, Patna, Bihar.
4. Mr. P.K. Jha (Investigating officer of the Case), Additional Superintendent of
Police, CBI, ACB, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Majid Mahboob Khan, Advocate
For the CBI : Mr. Avanish Kumar Singh, Advocate SPP, CBI
Mr. Ambar Narayan, Advocate
Mrs. Barkha, Advocate
Mr. Mukul Kr. Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL ORDER
8 16-01-2025
The petitioners are employees of a private school
under the name and style of Mother International Academy at
Phulwarisharif at Patna. By filing the instant writ petition, the
petitioners have prayed for issuance of writ of critorari to quash
the entire prosecution case in connection with RC 06(A)/2017
corresponding to Special Case No. 05/2017 instituted for
Patna High Court CR. WJC No.1004 of 2022(8) dt.16-01-2025
2/5
offences punishable under Sections 120(B)/420/467/468 of the
IPC and Section 13(2) read with Section 13(1)(d) of Prevention
of Corruption Act, 1988.
2. The present stage of the above-mentioned case is
that the CBI submitted charge-sheet against the petitioners and
others and the case is pending before the learned Special Judge,
CBI, 1st Court at Patna for trial. RC 06(A)/2017 was instituted
against the Directors of Mother International Academy, the
present petitioners and others on the allegation that the present
petitioners in collusion with the officials of Bihar Awami Co-
operative Bank Ltd. opened as many as 41 bank accounts in
fictitious names of persons and deposited different sums of
money in the said account during the period of demonetization
and got the legal denominations by depositing money which
were declared demonetized and thereby accumulated huge
amount of money.
3. It is the specific defense of the petitioners that they
are mere assistants of the said private school, they worked under
the directions of the Directors of the school. The Directors
directed them to open the accounts in the name of different
teachers, employees and even outsiders and the petitioners
introduced them in their banking documents. They did not
Patna High Court CR. WJC No.1004 of 2022(8) dt.16-01-2025
3/5
misappropriate any money. They also did not commit any
cheating or frogery as alleged and the allegation of corruption
does not arise against the petitioners.
4. It is also submitted by the learned Advocate for the
petitioners that as a sub-ordinate staff, the petitioners were
bound to follow the direction of the Directors of the said school.
The money which were legalized through the said Bank was
obtained by the Directors. The Directors are on bail under the
provision of Section 167(2) of the CrPC. The present petitioners
are languishing in custody as a result of false charge-sheet being
filed against them.
5. Learned Advocate appearing on behalf of the CBI,
on the other hand, refers to the counter-affidavit filed by the
CBI. In paragraph 9 of the said counter-affidavit, it is clearly
stated by the CBI that petitioner no. 1 was the representative of
Md. Arshad Ahmad. He was introduced by Tanweer Ahmad to
Abhay Kumar, Assistant of the main branch of the Bank in
November 2016 for opening the accounts in the main branch
saying that the persons are related to Arshad Ahmad, Director of
the BACBL and Tanweer Ahmad and thereby Abhay Kumar had
not ensured the physical presence of the customers at the time of
opening the accounts as per the direction of Tanweer Ahmad and
Patna High Court CR. WJC No.1004 of 2022(8) dt.16-01-2025
4/5
thereby Abhay Kumar opened 14 numbers of accounts without
physical presence and without verifying the original records of
the customers. Thus, Abhay Kumar, Manager of the Patna City
branch of the said Bank in collusion with Arshad Ahmad and
petitioner no. 1 credited the legal money equivalent to
demonetized money and subsequently, the said money was
withdrawn keeping the account holders in dark. It is also
contended on behalf of the CBI that in all 48 accounts were
opened during demonetization in November 2016. The account
holders were kept in dark for opening the accounts in their
names by the accused persons and in commission of offence,
frogery was committed in 20 accounts out of 48 accounts spread
across three branches of the bank out of 20 accounts which were
opened by committing forgery, the petitioner no. 2 had forged 2
account and petitioner no. 1 had forged one account. During
investigation, the said documents submitted to the Bank were
examined by the Government Examiner of Questioned
Document Bureau and it was found over the said documents
were forged. It is also submitted by the learned Advocate for the
respondents that the Director of the school purchased numbers
of 4-wheelers in the name of the petitioner no. 1 and the profit
was illegally enjoyed by one of the Directors of the said school
Patna High Court CR. WJC No.1004 of 2022(8) dt.16-01-2025
5/5
in which the petitioner is in collusion.
6. Thus, collusive act of the petitioners has been
established prima facie, the charge-sheet has already been filed,
cognizance has been taken, at this stage quashment of criminal
proceeding cannot be allowed in favour of the petitioners.
Accordingly, the instant writ petition is thus, dismissed.
7. However, the learned Special judge, CBI, 1 st Court
at Patna is directed to commence the trial of the case at the
earliest and take endeavor to conclude the trial of the case
within 10 months from the date of commencement of trial.
(Bibek Chaudhuri, J)
Suraj Dubey/-
U T
[ad_1]
Source link