Mumbai: The Indian Overseas Bank (IOB) that had approached Mumbai police to file a ‘cheating’ complaint against BJP leader Mohit Kamboj, filed an intervention application before the sessions court on Monday, stating that it wants to withdraw the complaint, as the case has to be investigated by the Central Bureau of Investigation (CBI).
Kamboj has been accused of cheating the bank to the tune of ₹52.89 crore. He had approached the sessions court on June 1, for anticipatory bail and has been granted interim protection on the grounds that he was not given a copy of the FIR. The protection has been continued.
On Monday, when the plea was scheduled for hearing, the lawyer for the bank Rajesh Dubey filed an application for intervention. In the plea authorised by the regional manager, it stated that they have already withdrawn the complaint with a letter dated June 1, 2022, as being nationalised bank, the complaint above ₹3 lakh has to be filed with CBI.
The bank claimed that they had first approached the central agency. However, as being the mandate, the investigation had to be permitted by the state when it came to the CBI. The agency had approached the home ministry for permission to investigate. In the process, the bank said it was asked to submit a re–draft of the complaint with the Mumbai police.
“The applicant bank submitted the re-draft complaint on May 27, to joint commissioner of police, Economic Offence Wing and on the basis of this complaint FIR has been registered against Mohit Kamboj Bharatiya and others,” reads the plea by the bank.
The special public prosecutor Pradeep Gharat, however, objected to the intervention and argued that a complaint once filed cannot be withdrawn. “The role of the complainant ends with the filing of an FIR. It cannot be withdrawn once FIR is filed,” Gharat argued. The plea would be now further argued on June 27.
