Charge Sheet without enquiry
Querist :
Anonymous
(Querist) 29 August 2010
This query is : Resolved
The facts of the case are as under:
1. A Complaint was submitted on 08.08.2009 (Saturday) at 9.30 PM by the Regional Manager of SBI and was registered as crime under 409 of CrPC.
2. Written statements are taken from four members of staff on 08.08.2009 that the accused has misused the passwords of three of them and another officer who forwarded the complaint to the SHO and the SHO has registered the case and prepared FIR and sent to the jurisdictional Judiciary, in the present case, Prl. Sub.Judge on 10.08.2009 (Monday) at 10.15 a.m.
3. Bail petition in the District Court was dismissed at the instance of the PP (as per the information of the Bank) on the grounds that the accused also might be having pass word of a particular account as an Assistant Manager, since the accused is mentioned as an Assistant Manager in the complaint, though the accused has been promoted as Assistant Manager, he was assigned duties of his promoted designation only after he has been transferred from the Branch of complaint.
4. Bail was granted on 21.10.2009 by the Hon’ble High Court of Andhra Pradesh, with a condition to the Investigating Officer to focus the enquiry on certain facts.
5. The Police authorities who registered the case did not enquire/investigate into the case either before or after the accused is enlarged on bail on surrender.
6. On 08.08.2010 SHO has filed Charge-Sheet and was submitted in the Prl. Sub. Judge on 11.08.2010 enclosing the four statements obtained on 08.08.2009, i.e., the date of the complaint/FIR. The accused was not even enquired/investigated either on surrender on Bail i.e., on 23.10.2009 or later.
7. In the mean time, the Bank has arbitrarily got vacated the accused from the leased residential accommodation contrary the conditions of the lease deed with the land-lady.
8. Though the Bank has placed the accused under suspension on and from 22.07.2009, did not even enquire into the details of the case even after one year. But the Bank has reduced the salary of the accused drastically prior to placing the accused under suspension and continued to calculate the subsistence allowance on the salary so reduced. However, the Bank has stopped the payment of Subsistence Allowance for and from the month of January 2010. All the certificates for claim were simply not acknowledged and kept pending. The subsistence allowance should have been enhanced to higher amount w.e.f. 22.07.2010 and was not done so far.
CAN ANY BODY PLEASE HELP;
a. whether the charge-sheet filed by the SHO without any incriminating evidences, and without any enquiry of the accused is valid?
b. any other help in the light of the above facts including against the Bank.
s.subramanian
(Expert) 29 August 2010
1. File proceedings to quash the charge sheet u/s 482 CR.P.C.
2. You insist the mangement to proceed with the enuriy early . If they do not do so approach the high court for rem,edy. Good Luck,.
s.subramanian
(Expert) 29 August 2010
You have a strong case .Do Not worry.
Sachin Bhatia
(Expert) 29 August 2010
Better to approach H.C. for quashing of charge sheet.
