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Bank Of Baroda v. State .
Summary of Opinion — Anil Dev Singh, J.
Factual and Procedural Background
The opinion concerns a writ petition in which notice was taken (Mr. Mittal accepted notice on behalf of the respondent). The court perused a complaint presented to it and determined that the complaint disclosed the commission of a cognizable offence. On that basis the court directed the concerned SHO to register an FIR founded on the complaint and further directed that the investigation be conducted by an officer of the rank of Asstt. Commissioner of Police, Economic Offences Cell. The court disposed of the writ petition. The order was pronounced dasti: "Petition disposed of."
Legal Issues Presented
The opinion addresses a procedural matter and does not frame distinct legal issues.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court reviewed the complaint and concluded it disclosed the commission of a cognizable offence. Based on that factual/legal finding, the court issued the following directives:
- Directed the concerned SHO to register an FIR on the basis of the complaint.
- Directed that the investigation should be conducted by an officer of the rank of Asstt. Commissioner of Police, Economic Offences Cell.
The court exercised its supervisory jurisdiction to order registration and the specification of the rank and unit for the investigating officer, and then disposed of the writ petition. No further analytical exposition or citation of legal authority appears in the opinion.
Holding and Implications
DISPOSED OF — The writ petition was disposed of, with directions that the concerned SHO register an FIR on the basis of the complaint and that the investigation be conducted by an officer of the rank of Asstt. Commissioner of Police, Economic Offences Cell.
Implications: The direct effect is that an FIR must be registered and the investigation must be carried out by the specified rank and unit. The opinion does not discuss broader legal implications or state that any new precedent is being established.
Anil Dev Singh, J.— Notice. Mr. Mittal accepts notice on behalf of respondent.
2. Petition can be disposed of at this stage itself. We have perused the complaint. It discloses the commission of a cognizable offence. Accordingly, the concerned SHO is directed to register FIR on basis of the complaint. In the circumstances, we also consider it appropriate to direct that investigation should be conducted by an officer of the rank of Asstt. Commissioner of Police, Economic Offences Cell. We order accordingly. With above observations, writ petition is disposed of.
Dasti:
Petition disposed of.
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