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2025 DAILYLAW 151496 (ALL)

RAJESH KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/6344/2025 · 2025-07-22

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41978-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6344 of 2025 Petitioner :- Rajesh Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Jay Kumar Soni,Nevedita Gupta Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners and learned AGA for the State. 2. This writ petition has been filed with the following main prayer:- "(i). Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned First Information Report dated 23.05.2025, as Case Crime No.0301 of 2025, under Sections 316(2), 318(4), 338, 336(3), 340(2) BNS, Police Station Mohammadpur Khala, District Barabanki so far as it relates to the petitioners (Annexure No. 1)." 3. It has been submitted by learned counsel for the petitioners that petitioner no. 1 had applied for loan under Pradhan Mantri Mudra Yojana for establishing M/s. Raj Agriculture Works and and petitioner no. 2 applied for running a shop of ready made garments in the name of M/s. Jahnvi Ready made Garments. After verifying documents, loan was advanced by the opposite party no.4 who is the Branch Manager of U.P. Gramin Bank, Mohammadpur Khala, Barabanki. The petitioners are paying regular EMI and the statement is being given by the Bank in this regard. The Petitioners have no intention to commit any default or to cheat the Bank in any manner. However, in the FIR, it has been stated that the petitioners have obtained loan on the basis of forged and counterfeited documents and they have misappropriated public money and the account has turned NPA (Non productive assests). The FIR has been lodged on 20.05.2025, five years after the loan was sanctioned. 4. Having gone through the FIR, we find that specific reference has been made of documents that have been filed by the petitioners found to be forged and also, the loan account being declared NPA for which separate recovery proceedings are going on as intended by the Bank. The FIR discloses commission of fraud by the petitioners. We do not find any good ground to interfere. 5. The writ petition is dismissed. Order Date :- 22.7.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench