Cyber Crime | Bank Officials Under An Obligation To Cooperate In Criminal Investigations: Allahabad High Court

“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,” a bench of Justice Ajay Bhanot observed while allowing a second bail plea filed by one Alok Jha, an accused in a case of cybercrime and booked under Section 420, 406, 419, 467, 468, 471, 411 I.P.C. and Section 66D of IT Act.

The court's remark came in response to the state counsel's submission highlighting the challenges faced by the investigation agency due to alleged non-cooperation by bank officials.

It was asserted that the bank officials were withholding crucial evidence, thereby hindering the progress of justice.

Noting that the menace of cybercrime is too self-evident, the Court asked the police authorities to initiate 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,” the Court added.

In a prima facie observation, the single judge further expressed concern over police authorities' lackadaisical attitude and their failure to conduct criminal investigations in a professional and thorough manner. The court highlighted this as a troubling aspect that warrants attention.

The Court, further adding that the gravity of the offence does not absolve the police of their responsibility to conduct an efficient and prompt investigation, asked the AGA to obtain instructions from the concerned officials.

The Court also recalled that in a recent case, in which the persons who had opened the forged bank accounts were not investigated and their identities were not established, it had expressed its concern regarding the poor investigations in this case.

Case title - Alok Jha vs. State of U.P. 2024 LiveLaw (AB) 269

Citation: 2024 LiveLaw (AB) 269

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