Supreme Court – Daily Orders
Anant Prakash vs The State Of Maharashtra on 4 August, 2025
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
1
ITEM NO.15 COURT NO.7 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 37058/2025
[Arising out of impugned final judgment and order dated 21-01-2021
in CRLA(APL) No. 931/2018 passed by the High Court of Judicature at
Bombay at Nagpur]
ANANT PRAKASH Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA & ANR. Respondent(s)
(IA No. 178807/2025 - CONDONATION OF DELAY IN FILING, IA No.
178809/2025 - EXEMPTION FROM FILING O.T.)
Date : 04-08-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SUDHANSHU DHULIA
HON'BLE MR. JUSTICE N.V. ANJARIA
For Petitioner(s) Mr. Sarvam Ritam Khare, AOR
Mr. Anuj Agarwal, Adv.
Mr. Akarsh Khare, Adv.
Ms. Seema Dhingra, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Petitioner is a senior employee (Branch Manager) in the Bank
of India and an FIR No.354/2017 was registered against him for the
offences punishable under Sections 363, 365, 341, 506 & 34 of the
Indian Penal Code by the complainant-respondent no.2. The
allegation is that he had taken the victim and asked him for the
whereabouts of his son, as his son had taken a loan from the Bank
Signature Not Verified
on which he has defaulted. He was kept with the petitioner and
Digitally signed by
Nirmala Negi
Date: 2025.08.05
16:31:34 IST
Reason:
remained with the petitioner forcibly and was criminally
restrained for 15 days. Subsequently, the aforesaid FIR was
2
registered. His petition under Section 482 of the Code of Criminal
Procedure was dismissed by the High Court. Being aggrieved, he had
approached this Court.
Learned counsel for the petitioner would argue that the
petitioner is a bank manager of the Bank and for those 15 days he
was attending the Bank which can be verified from records and the
investigation which is going on are nothing but an abuse of process
of law.
At this stage, we do not think this is a case which calls for
our interference in exercise of our jurisdiction under Article 136
of the Constitution of India as far as quashing of investigation or
stay of further proceedings in respect of the aforesaid FIR is
concerned.
However, considering the fact that the petitioner is a Bank
Manager of the Bank, no coercive measure be taken against the
petitioner subject to the cooperation of the petitioner in the
ongoing investigation.
In case of filing of the charge sheet, he can seek regular
bail from the Court concerned.
Meanwhile, in case the charge sheet is filed and thereafter
the charges are framed, petitioner would always be at liberty to
move an application for his discharge which shall be considered in
accordance with law.
The present petition is disposed of in the above terms.
Pending application(s), if any, shall also stand disposed of.
(NIRMALA NEGI) (RENU BALA GAMBHIR) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
[ad_1]
Source link
