HC quashes bank fraud case against Kolkata Police officer

Kolkata: Observing there is no prima facie case of any dishonest misappropriation on the part of the petitioner, the Calcutta High Court has quashed a bank fraud case lodged against a Kolkata Police officer.

The bench of Justice Shampa Dutt (Paul) was moved by the sub-inspector who is posted in the Kolkata Police’s Security Control Organisation (SCO). The petitioner prayed for quashing the criminal proceeding against him and the chargesheet filed before the lower court.

In the case, his mother-in-law complained that following the cancer-related-death of her daughter, who was an Additional Officer-in-Charge, women grievance cell, Detective Department, Lalbazar, the son-in-law has been drawing money from her daughter’s salary account and did not inform the bank till date. He is also allegedly refusing to give her back the fixed deposit certificates which are in his custody.

The petitioner’s mother-in-law also alleged that since the death of her daughter, neither is the petitioner willing to financially support her nor allow her into the flat which belongs to her daughter since he got married again. She demanded the return of all the gold ornaments and other items gifted to her daughter by her at the time of marriage. The complaint was registered at Hare Street Police Station and a probe was initiated against him by the bank fraud section, Detective Department, Lal Bazar.

The court observed that the properties in dispute were either in the joint names of the petitioner and his deceased wife or the absolute property of the deceased wife but not inherited.

The court said the dispute will be governed under Sections 14 and 15 of the Hindu Successions Act and as such there is no prima facie case of any dishonest misappropriation on the part of the petitioner. The court quashed both the case and the chargesheet.