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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22507 of 2025 Court No. - 44 HON'BLE J.J. MUNIR, J.
HON'BLE SANJIV KUMAR, J. (Delivered by Hon'ble Sanjiv Kumar, J.)
Heard Mr. Sanjeev Kumar Pandey, learned Counsel for the petitioner and Mr. Anil Kumar Mishra, learned A.G.A. on behalf of respondent nos.1, 2 and 3. This writ petition has been seeking to quash the proceedings of First Information Report dated 07.09.2025 registered as Case Crime No.609 of 2025, under Sections 420, 467, 468, 471 I.P.C, Police Station Shikohabad, District- Firozabad. It is disclosed in the FIR that one saving account number 20494XXXXXX was opened in Central Bank of India, Branch- Shikohabad, District- Firozabad in the name of Thakurdas S/o Shri Pitambar Singh on 08.08.2001. The said account became deactivated, as the same was not in operation for a long period. When the heirs of Thakurdas informed the bank in 2016, that Thakurdas has died on 27.08.2001 and asked for payment of deposited amount of the account in their favour, it came to notice that the petitioner, an employee of the bank, got the said account operational on 14.08.2015 by applying in the name of the account holder fraudulently and unauthorizedly had withdrawn total Rs.1,40,300/- from the said account on 12 different occasions by making forged signature of the account holder on withdrawals. It is submitted by the petitioner that no offence is made out against her. The departmental proceedings were initiated against the petitioner in this regard and punishment was awarded to her, so she cannot be penalized for the same charge again. It is also urged that the FIR is lodged belatedly and except for Versus Counsel for Petitioner(s) : Sanjeev Kumar Pandey Counsel for Respondent(s) : G.A. Mrs. Madhuri Sharma .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
Manger nobody else has discretion to entertain an application to activate inoperative bank account. The account holder Thakurdas had applied for activation of the account on 20.02.2015 before the Branch Manager which was further processed, checked and verified by other employees/ officers of the bank. The petitioner had no role to play in the entire process of activation of the inoperative account. The learned A.G.A. has opposed and submits that the petitioner had actively participated in the commission of the offence.
The FIR, prima facie, discloses, the offence which is cognizable and serious in nature, and holding of departmental proceedings, is no bar to take action on criminal side, where an offence is made out. As per FIR, this is a case of fraudulent activation of the deactivated bank account of a dead person and withdrawing some deposited amount from the said account by forged withdrawal applications. The petitioner admits in her supplementary affidavit that after activation of the account, the payment of Rs.1,40,000/- was made by her between 30.03.2015 to 04.06.2015. As the investigation is still going on, hence, it will come out in investigation, as to who, and how many persons were involved in this offence. This Court cannot investigate all this, in this petition under Article 226 of the Constitution of India. The FIR prima facie, discloses serious and cognizable offence and also the involvement of the petitioner in it. It requires thorough investigation by the police. In these circumstances, we are not inclined to interfere with the impugned FIR. As a result, this petition fails and is summarily dismissed. The Registrar (Compliance) is directed to communicate this order to the Superintendent of Police, Firozabad and the Station House Officer, Police Station- Shikohabad, District- Firozabad through the learned Chief Judicial Magistrate, Firozabad. October 17, 2025 AdityaG CRLP No. 22507 of 2025 2 (Sanjiv Kumar,J.) (J.J. Munir,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad