Court No. - 20 Case :- MISC. BENCH No. - 6797 of 2010 Petitioner :- Girja Dutt Tiwari Respondent :- State Of U.P.,Thru. Secretary, Home & Others Petitioner Counsel :- Prem Prakashini Mishra,Vijai Shankar Trivedi Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner, learned A.G.A. and perused the
F.I.R.
This petition under Article 226 of the Constitution of India has been filed by
the petitioners for quashing the impugned F.I.R. dated 22.06.2010 registered
as Case Crime No.654 of 2010, under sections 419, 420, 467, 468, 471 I.P.C.,
Police Station Kotwali Nagar, District Gonda and also for direction to the
opposite parties not to arrest the petitioners in pursuance to the said impugned
F.I.R.
The submission of the learned counsel for the petitioner is that the petitioner
was sanctioned a loan by the Senior Manager, Allahabad Bank, Branch Rani
Bazar, District Gonda. As per allegation of the First Information Report he
was sanctioned Rs.3,50,000/- for purchasing the house of one Rajeev Verma.
Later on the photographs of Neeraj Verma had been affixed in place of Rajeev
Verma, in fact the total amount of loan had not been released by the bank in
favour of the petitioner. The remaining amount of Rs.1,25,000/- was not
released by the bank in account of the petitioner. The matter relates to loan
transactions which is of civil nature. Therefore the petitioner who is a IVth
class Government employee deserves for interim protection during the
investigation.
We have gone through the contents of the F.I.R. which disclose the
commission of cognizable offence and as such it cannot be quashed.
The petition is, therefore, dismissed.
However, keeping in view the facts and circumstances of the case, it is
provided that in case the petitioner appears before the court concerned and
moves any bail application, the same will be disposed of by the courts below
expeditiously.
Order Date :- 22.7.2010
PAL