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Neutral Citation No. - 2025:AHC:62614-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 7728 of 2025 Petitioner :- Hemant Siwach Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Pandey,Jaideep Tripathi Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Ms. Nand Prabha Shukla,J.
1. Heard learned counsel for the petitioner, learned counsel for the respondents and learned A.G.A. for the State respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 26.09.2024 registered as Case Crime No. 0347/2024, under sections- 420, 467, 468, 471, 406 IPC, Police Station- Transport Nagar, District - Meerut and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
3. There is allegation against the petitioner that he has obtained loan on the basis of fabricated salary slips and statement of account. The learned counsel for the petitioner submits that at the time of sanction of loan, the documents produced by the petitioner were verified by the bank. Objection is being raised only after the loan became bad and allegations are being made that the documents produced by the petitioner for taking loan were fabricated.
4. Sri Manish Trivedi, learned counsel for the Bank has vehemently opposed the aforesaid submissions and submits that the petitioner is a business man and not a service man and therefore, he produced fabricated documents and availed facility of loan.
5. However, both the parties agreed that police is investigating in the matter.
5. For the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of with the direction that that till cognizance taken on police report under Section 173(2) Cr.P.C.,the respondents are restrained from arresting the petitioner pursuant to the First Information Report, subject to cooperation in ongoing investigation. Order Date :- 24.4.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad