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Neutral Citation No. - 2025:AHC:68746-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8582 of 2025 Petitioner :- Rachna Singh And Another Respondent :- State Of U.P. Through Secretary Home At Lucknow And 5 Others Counsel for Petitioner :- Dhananjay Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Dhananjay Kumar, learned counsel for the petitioners, Shri Himanshu Kumar, learned counsel appearing for the respondent nos.4 and 5-Bank and Shri Pankaj Kumar, learned A.G.A for the State respondents.
2. Present petition has been filed with following reliefs:
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.1 to 3 to ensure registration of FIR on the complaint of the petitioner dated 17.04.2025 and to take appropriate legal action against the respondent bank officials and its recovery agents for their illegal acts and harassment. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.4 to 6 (officials of bank of Baroda) to decide the representation dated 19.04.2025 and to provide the complete account statement, loan documents, and status of the security assets deposited by the petitioners, and further restrain them from taking any coercive action against the petitioners without following due process of law."
3. We find that the prayer so made in the present petition is not maintainable and in any case the petitioner may approach the Magistrate concern by filing an application under section 156(3) IPC/175(3) BNSS, as the case may be.
4. On instructions, learned AGA pointed out that proceedings under the provisions of SARFAESI Act have been undertaken by the Bank in the present case.
5. We, therefore, find that the present petition concealing all such
facts is patently misconceived and is liable to be dismissed with exemplary cost.
6. The writ petition is accordingly dismissed. However, taking a lenient view, no cost is being imposed upon the petitioners.
Order Date :- 1.5.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad