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2025 DAILYLAW 137014 (ALL)

SHASHI PRATAP GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/3658/2025 · 2025-05-02

Ram Manohar Narayan Mishra, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27014-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3658 of 2025 Petitioner :- Shashi Pratap Gautam Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Mayank Pandey,Ravi Kant Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the petitioner as well as learned A.G.A. and perused the record. The petitioner who was posted as Relationship Manager in the Bank has approached this Court challenging the First Information Report dated 17.12.2024 bearing Case Crime No.0416 of 2024, under Sections 147,323,409,420,504,506 I.P.C.,Police Station Baskhari, District Ambedkar Nagar. Learned counsel for petitioner submits that the petitioner has no role to play in withdrawal of money from the account of the informant. The amount was either withdrawn through the A.T.M. or through the cheque and thus the petitioner cannot be held responsible for the same. Learned A.G.A. states that the F.I.R. is the detailed one and contains all the specific allegations made against the petitioner. He further submits that the informant is a widow lady from a village who believed and has stated in detail as to how her money has been taken away by the petitioner. Having regard to all the facts and circumstances of the case and from reading of the F.I.R., it cannot be said that no cognizable offence is made out against the petitioner. Further, there is no reason as to how the informant would lodge a false F.I.R. against the petitioner and that also there is no previous dispute between the parties and, in fact, they do not know each other except for their relationship as customer and the Bank employee. In view thereof, we are not inclined to interfere in the matter. The writ petition is dismissed. (Ram Manohar Narayan Mishra,J.) (Vivek Chaudhary,J.) Order Date :- 2.5.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench