- (1.) Heard Mr. Swetashwa Agarwal with Mr. Irfan Chaudhary, learned counsel for the petitioner and Mr. S.A. Murtaza, learned AGA for the respondents-State.
(2.) This criminal misc. writ petition, under Article 226 of the Constitution of India, is preferred by one Santosh Pankaj, who according to the Investigating Agency held the position of Branch Head of Civil Lines Branch of the Axis Bank for the following reliefs: "I. Issue an appropriate writ, order or direction in the nature of Certiorari quashing the impugned F.I.R. dated impugned F.I.R. dated 5.5.2017 (Annexure No.1 to the writ petition), registered as Case Crime No.295 of 2017, Under Section-409, 418, 420, 421, 463, 467, 471, 477, 201, 120-B I.P.C., Police Station- Civil Lines, District- Allahabad. II. Issue an appropriate writ, order or direction in the nature of Mandamus commanding the Respondents concerned not to harass/arrest the petitioner in pursuance of the impugned F.I.R. dated impugned F.I.R. dated 5.5.2017 (Annexure No.1 to the writ petition), registered as Case Crime No.295 of 2017, Under Section-409, 418, 420, 421, 463, 467, 471, 477, 201, 120-B I.P.C., Police Station- Civil Lines, District -Allahabad."
(3.) It appears that misappropriation of a huge amount of money from the bank account of Sam Higginbottom University of Agriculture, Technology and Science, Naini, Allahabad maintained at Axis Bank Branch, Civil Lines, Allahabad was unearthed, on the basis of which, an F.I.R. was lodged on 5.5.2017 by the Branch Manager of the Axis Bank, Civil Lines, Allahabad, naming two persons, namely Kamal Ahsan, Relationship Manager of the Bank and Rajesh Kumar, an employee working with the University. These two persons came to be arrested and thereafter in the course of investigation, as per the report placed on record by learned counsel for the State, which he passed on in a sealed cover, it transpires that the present petitioner was also named by one Mallappa D Patil in his statement under Sections 161 and 164 of Cr.P.C. He was the Lead Investigator of the investigation held by the Bank into the alleged misappropriation of the amount of Rs.22 crores and odd, involving 385 transactions, spread over a period of three years. Though before the petitioner's name was unearthed, his statement was recorded under Section 161, but thereafter he refused to cooperate in the investigation and as a result of which, a non bailable warrant was issued on 22.11.2017 and since then he is absconding. In the domestic enquiry conducted by the Bank, he has been found guilty of serious lapses in performance of his duties and has been punished by withholding increments in salary as well as promotion for a period of two years.;