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SUSANTA KR MUKHOPADHYAY (SERVICE)     11 April 2022

Bank dacoity and related legal matters

Sir,

Apropos to above I want to get enlightenment about post Bank Dacoity matters and consequently effect of the then Branch Manager.

When a Bank Dacoity occurred a FIR was lodged and Insurance claim also lodged. But after some years of investigatio. Police gives closure report it asks No objection from the Bank concerned. As Bank on the fear of mainly losing Insurance Claim or Insurance Company may procced against the Bank for closure of investigation in contravention of agreement with the Insurance Company does not give No Objection  and wants reinvestigation and again same process continued.

Moreover, what is the statute when Branch under whose tenure Bank Dacoity happened Court issues Summons only to that Manager and this process continued.

Other than identification like other cases is there any bar the Manager who filed FIR is be present so long case continues . This is a never ending process. 

Please enlighten in the above matters.

With regards,

Sugita Mukherjee

 



Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     12 April 2022

In criminal cases, the party is the Police, and the manager's position is only as a prosecution witness only.  Hence, the manager after receiving the summons should stand before the court for examination/cross-examination.  There is not legally mandatory to attend each hearing.  But, in sensitive cases that have occurred long ago, the police, advocate for prosecution may change, and the presence of a manager is necessary to help to cross-examine the criminals or for other purposes or to explain events, as police rarely go through the entire record and remember the events, as they have to remember the facts of several cases.  

P. Venu (Advocate)     12 April 2022

Why closure report?

If it is that there is no break through, how come the Manager is summoned to the Court?

Moreover, a docoity is not an ordiinary incident; the Bank would have laid down norms to deal with such contingencies.

SUSANTA KR MUKHOPADHYAY (SERVICE)     13 April 2022

Sir,

Such a poor reply is without judging the actual problem.Only superficial answer without going into the minute details of the case.

Police gives summons not for identification but for giving no objection of their closure which Court asks Bank's view but Bank's higher authority is silent .So it rests on the shoulder of the then who even after retirement is made scapegoat.

With regards,

Suhita Mukherjee


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