2008 AIR SCW 6734 ::2009 (6) AIR Bom R 726 ::2009 (1) AIR Jhar R 687 ::2008 (3) DLT(CRL) 9 ::(2008) 3 AllCriR 2810 ::(2008) 2 CurCriR 394 ::2008 (7) SCC 532 ::2008 (3) RecCriR 463 ::(2008) 8 Scale 626 ::(2008) 2 BankCLR 745 ::(2008) 3 AllCriLR 623 ::(2008) 3 ChandCriC 303 ::(2008) 3 Guj LH 4 ::(2008) 3 CTC 522 (SC) ::(2009) 3 Mh LJ (Cri) 173 ::(2008) 3 JCC 1572 (SC) ::(2008) 2 Ker LT 852 ::(2008) 41 OCR 148 ::(2008) 3 Pun LR 634 ::AIR 2009 SC (Supp) 1026 ::2008 (61) AllCriC 1000 ::(2008) 66 AllIndCas 50 (SC) ::2008 (66) AllIndCas 50 ::2009 All MR(CRI) 2943 ::(2008) 3 BankCas 453 ::(2010) 1 EFR 544 ::2008 (7) SRJ 195

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): Tarun Chatterjee, Dalveer Bhandari , JJ

(A) Criminal P.C. (2 of 1974) , S.482— Expunction or clarification of observations - Bank's recovery agents allegedly re-possessed borrower's vehicle after humiliating him - Borrower committed suicide - High Court while directing Investigating Officer to conclude investigation, made certain observations about use of musclemen by Bank for recovery of dues and humiliation caused by them being proximate cause of death - Clarification given by Court that it was only referring to alleged facts in complaint - And its observations were not to influence ongoing investigation and proceedings - In view thereof, it cannot be said that Bank has been substantially aggrieved - No reliance can be placed on these observations. (Para 8 9) (B) Criminal P.C. (2 of 1974) , S.156— Investigation - Recovery of loan by Bank - Seizure of vehicle - Alleged harassment and humiliation of borrower by Bank's recovery agents thereby forcing him to commit suicide - Seizure of vehicle by Bank can only be done through legal means - R.B.I. Guidelines prohibit use of muscle power by Banks for recovery of loans - Looking to gravity of allegations in complaint, direction issued to concerned Dy. Commissioner of Police to investigate matter expeditiously and submit report - Further direction issued to Bank t....