- (1.) Heard learned counsel for the petitioner and the learned A.G.A. The aforesaid three writ petitions are being heard and disposed of together by means of this common order. The FIR dated 29.6.12 at case crime No. 581 of 2012, under Section 419, 420 IPC, P.S. Kotwali, district Ballia, lodged by Jitendra Yadav, FIR dated 28.6.12 registered at case crime No. 578 of 2012, under Sections 419, 420, 467, 468, 471 IPC, P.S. Kotwali district Ballia, lodged by Mushtaq and FIR dated 29.6.12 registered at case crime No. 582 of 2012, under Sections 419, 420 IPC, P.S. Kotwali district Ballia, lodged by Smt. Pushpa Dwivedi have been challenged by means of these writ petitions.
(2.) In the first FIR, the allegations was that on 10.5.2012 when the informant Jitendra Yadav was standing in the line of the ATM of Punjab National Bank, at Omdenganj, Ballia, three unknown persons approached him and offered to help him in taking out of Rs. 5000/- from his account as he was unable to take out the money from the ATM machine. At that time the accused appears to have changed his ATM card. When he visited an ATM machine on 25.5.2012, he was unable to access his account, and visited the concerned bank where her learnt that Rs. 41,000/- had been withdrawn from his account on different dates.
(3.) In a similar manner in the second FIR dated 28.6.12 it is mentioned that the ATM card of Union Bank of complainant Mushtaq was also changed by three unnamed persons, who on realising that his card had been changed as he was unable to access his ATM account, contacted his Bank, where he was informed that Rs. 82,700/- has been withdrawn from his account in different transactions.;