Jharkhand High Court
State Bank Of India vs The State Of Jharkhand on 3 January, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 1047 of 2024
State Bank of India, a body corporate constituted under the
provisions of the State Bank of India Act 1955, having its Corporate
Office at Madam Cama Road, Nariman Point, P.O.& P.S. Marine
Drive, Mumbai -400 021, Maharashtra, one of its Branch Office
amongst other places is known State Bank of India, Bokaro Steel
City Branch, being represented through its Chief Manager Mr.
Ranjeet Ranjan, aged about 41 years, son of Mira Devi, both having
their office at Bokaro Steel City Branch, SBI, P.O. & P.S. -Sector -IV,
District -Bokaro (Jharkhand)
.... Petitioner
Versus
The State of Jharkhand, represented through its Superintendent of
Police, Bokaro, Post Office & Police Station -Bokaro, District -
Bokaro (Jharkhand)
.... Respondent
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
.....
For the Petitioner : Mr. P.S.A.S. Pati, Advocate For the State : Mr. J.F. Toppo, GA-V : Ms. Moshmi Chatterjee, AC to GA-V .....
By the Court:-
1. Heard the parties.
2. This writ petition has been filed under Article 226 & 227 of the Constitution of India with several prayers but the learned counsel for the petitioner do not press the other prayers and confines his prayer to quash the order dated 14.11.2022 by which the learned 1 W.P. (Cr.) No.1047 of 2024 Chief Judicial Magistrate, Bokaro has taken cognizance of the offences punishable under Section 489A/489D/34 of the Indian Penal Code in connection with Sector-IV P.S. Case No. 80 of 2010 corresponding to G.R. Case No. 842 of 2010.
3. The brief fact of the case is that Sector -IV P.S. Case No. 80 of 2010 was registered on the basis of the written report submitted by Manager of Reserve Bank of India alleging therein that in the cash received from the cash vault of State Bank of India, City Center, Bokaro Steel City, eleven counterfeit notes were found.
Police took up investigation of the case and after completion of investigation, police submitted Final Report mentioning therein that the fact is not true. The learned Chief Judicial Magistrate, Bokaro differing from the Final Report submitted by police, found prima facie case for the offences punishable under Section 489A/489D/34 of the Indian Penal Code against the Manager, State Bank of India, City Center, Bokaro Steel City and ordered for issuing summons.
4. It is submitted by the learned counsel for the petitioner that cognizance has been taken illegally by the learned Chief Judicial Magistrate, Bokaro against a post which is neither a natural nor a legal person and there is no specific post of Manager, State Bank of India, as described in the summoning order. It is next submitted by the learned counsel for the petitioner relying upon the Judgment of this Court in the case of M/s Steel Authority of India Limited (R.M.D.) Vs. The State of Jharkhand & Anr., 2 W.P. (Cr.) No.1047 of 2024 passed in Cr.M.P. No. 2956 of 2022, dated 22.04.2024, that in that case, this Court relied upon the Judgment of this Court in the case of Santosh Kumar Vs. The State of Jharkhand & Anr. in Cr.M.P. No. 1211 of 2023 dated 28.08.2023, paragraph no.7 of which reads as under:-
"Having heard the submissions made at the Bar and after going through the materials in the record, this Court has no hesitation in holding that by now it is a settled principle of law that summons in a criminal case to face trial cannot be issued against positions or post as a post is not juridical person. Hence, the learned Magistrate has committed illegality by issuing summons against the "Bank Manager of IDBI Bank, Sector 4, Bokaro" by not naming the person who was responsible for the said criminal act of being instrumental in opening a forged account of the son of the complainant."
wherein this court reiterated the settled principle of law that summons in a criminal case to face trial cannot be issued against position or post as a post is not juridical person and submits that in this case also, the learned Chief Judicial Magistrate, Bokaro having committed illegality by issuing the summon against Manager, State Bank of India which is not a juridical person and more so when there is no such post existing at present as has been mentioned in para-15 of this writ petition under oath; hence, it is submitted that the order dated 14.11.2022 by which the learned Chief Judicial Magistrate, Bokaro has taken cognizance of the offences punishable under Section 489A/489D/34 of the Indian Penal Code in connection with Sector-IV P.S. Case No. 80 of 2010 corresponding to G.R. Case No. 842 of 2010 be quashed and set aside.
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5. The learned counsel for the State does not dispute the fact that there is no post namely Manager, State Bank of India, City Center, Bokaro Steel City at present.
6. Having heard the submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that in view of the settled principle of law that summon in a criminal case to face trial cannot be issued against a position or post as a post is not a juridical person, certainly the learned Chief Judicial Magistrate, Bokaro has committed a grave illegality by issuing summons against the Manager, State Bank of India, City Center, Bokaro Steel City, thus taking cognizance and issuing summons by not naming any person responsible for the alleged criminal act is certainly not sustainable in law. Therefore, this is a fit case where the order dated 14.11.2022 by which the learned Chief Judicial Magistrate, Bokaro has taken cognizance of the offences punishable under Section 489A/489D/34 of the Indian Penal Code in connection with Sector-IV P.S. Case No. 80 of 2010 corresponding to G.R. Case No. 842 of 2010 be quashed and set aside.
7. Accordingly, the order dated 14.11.2022 by which the learned Chief Judicial Magistrate, Bokaro has taken cognizance of the offences punishable under Section 489A/489D/34 of the Indian Penal Code in connection with Sector-IV P.S. Case No. 80 of 2010 corresponding to G.R. Case No. 842 of 2010 is quashed and set aside.
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8. This writ petition is allowed to the aforesaid extent only.
(Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 3rd January, 2025 AFR/Sonu-Gunjan/-
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