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2025 DAILYLAW 2858 (UTT)

HARNAM SINGH v. STATE OF UTTARAKHAND

WPCRL/118/2025 · 2025-03-18

Pankaj Purohit

body2025

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRLNo.118 of 2025 Hon’ble Pankaj Purohit, J. Mr. Arvind Vashistha, learned Senior Advocate assisted by Ms. Devanshi Joshi, Advocate holding brief of Ms. Monika Pant, Advocate for the petitioner. 2. Mr. B.C. Joshi, A.G.A. with Ms. S.B. Dobhal, B.H. for the State. 3. By means of the present writ petition, the petitioner has put to challenge the F.I.R. No.0012 of 2025, under Sections 108, 115(2) & 352 of B.N.S. 2023, Police Station Jhabreda, District Haridwar. 4. Allegation, made in the F.I.R., against the petitioner, who is the Branch Manager of Union Bank of India, Branch-Sherpur Khelmau, District Haridwar, is that he abused and belaboured brother of the informant (Sudhir Kumar), which resulted into him committing suicide. 5. The deceased-Sudhir Kumar was issued loans from the aforesaid Bank. As he failed to make payment of the installments of the loan advanced by the said Bank, the petitioner along with two other bank officials visited house of the deceased on 13.01.2025. Thereafter, on 15.01.2025, the deceased consumed poison and succumbed to death on 16.01.2025 which resulted in lodging of the impugned F.I.R. 6. It is submitted by learned Senior Advocate that the petitioner being the Branch Manager of Union Bank of India visited the house of the deceased for inspection of the unit. 7. He further submitted that under the hypothecation agreement, the Branch Manager is obliged to visit the site to verify the establishment of unit and it is only for that purpose, he visited the house of the deceased. 8. He has placed his reliance on Clause 7 of the Hypothecation Agreement to buttress his submission. 9. This Court vide order dated 07.03.2025 directed learned Senior Advocate for the petitioner to bring on record that as to when the inspection of the unit was made by the bank officials, prior to their visit in 2 question on 13.01.2025. 10. The supplementary affidavit has been filed by the petitioner, which is on record. 11. From perusal of the supplementary affidavit, it is clear that no previous inspection has ever been conducted by the bank officials to the unit. 12. There are serious allegations in the F.I.R. against the petitioner and other bank officials which allegedly resulted into commission of suicide by the deceased. 13. In this view of the matter, I do not find any reason to interfere in the matter which, prima facie, discloses commission of cognizable offences. 14. Accordingly writ petition stands dismissed. (Pankaj Purohit, J.) 18.03.2025 SK