Bank Officials Should Cooperate With Police Investigation In Cyber Crime Cases: Allahabad HC

The Court ruled thus after the AGA based on instructions contended that the bank officials are not cooperating in the investigation process. They are withholding material evidence which is creating impediments in the course of justice.

The bench of Justice Ajay Bhanot observed, “Bank officials are expected to be law-abiding citizens who are under an obligation of law to cooperate in criminal investigations being conducted by the police.”

Advocate Zeeshan Khan appeared for the Applicant and Government Advocate Jawahir Yadav appeared for the Respondent.

The person accused was booked for offences under Section 420, 406, 419, 467, 468, 471, 411 I.P.C. and Section 66D of Information Technology Act, 2000.

The Court directed the police authorities that they shall take out appropriate criminal proceedings against the bank officials who are not cooperating in the investigations.

“The police has ample authority under the statute to proceed as per law against persons who withhold evidence or obstruct investigations into the crime. The instructions available with the learned AGA are not satisfactory.”Court added.

The Court noted that prima facie the lackadaisical attitude of the police authorities and their failure to conduct the criminal investigations professionally and thoroughly is a cause for concern.

As per the Court, the menace of cybercrime is too self-evident to be restated. However, the gravity of the offence does not absolve the responsibility of the police to conduct an efficient and prompt investigation.

The Court recalled the observation it made in the bail application of the co-accused where it expressed its concern regarding the poor investigations in the case where as per the Court the persons who had opened the forged bank accounts were not investigated and their identities were not established.