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| Bank hires goons for recovery | | HC directs police to file status-report along with case diaries | | Early Times Reporter
Jammu | Jan 8
Justice Hakim Imtiyaz Hussain, in a first case of its kind in Jammu and Kashmir where the bank hired goons for recovery of loans and police failed to investigate the case despite the case registered, directed SHO P/S Channi-Himmat Jammu that he shall file status-report in FIR No 73/2007 u/s 420/ 488 RPC and shall also produce the case diaries on the next date of hearing.
Court, after hearing Adv SS Ahmed appearing for the petitioner a Principal of private Higher Secondary School, issued notice to state of J&K through Financial Commissioner Home, DGP J&K, SSP Jammu, SDPO East Jammu, SHO P/S Channi-Himmat Jammu and Incharge PP Sainik Colony Jammu returnable within two weeks.
Lovleen Bahl Principal of a private higher school situated at Sainik colony Jammu has filed a petition seeking transfer of FIR 73/2007 registered with P/S Channi-Himmat to Crime Branch Jammu. In the petition it has been submitted that the principal had approached ICICI Bank Ltd Branch KC Plaza Jammu in the year 2005 for financial assistance for purchasing Tata-407 Turbo Bus, instead of Tata-407 Turbo Bus, the bank delivered TATA-407 plain. On detecting this fraud the petitioner started pressing the bank to issue the final bill and also a copy of the loan agreement and other documents pertaining to the vehicle. The bank avoided on the one pretext or the other and on proper intimation to the bank the payment was stopped.
In the petition it has been alleged that instead of redressing the grievances of the petitioner, the bank hired the services of the goons who trespassed into the premises of the school on July 16, 2007 and forcibly lifted the vehicle after demolishing the gate of the school. On the same day the matter was reported to the Incharge PP Sainik Colony, Jammu but no action was initiated and the next day a written complaint was lodged with the P/S Channi-Himmat Jammu but even then FIR was not registered, subsequently the petitioner approached SSP Jammu with a request to register an FIR but nothing substantial was done and it was only on July 25, 2007, the police Chann-Himmat registered FIR No 73/2007 u/s 420/448 RPC against the ICICI Bank. It has further alleged that more than four months have lapsed since the date of registration of FIR but nothing substantial has been done by the police agency to nab the culprits and to seize the vehicle from the goons of the bank. The petitioner prayed before the Court seeking direction to the respondents for transfer of investigation from local police to Crime Branch and also seeking direction to DGP to initiate appropriate departmental action against the officers who have remained negligent while investigating FIR 73/2007. JNF |
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