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2025 DAILYLAW 56327 (ALL)

HIMANSHU v. STATE OF UP AND 2 OTHERS

CRLP/9561/2025 · 2025-05-18

Ram Manohar Narayan Mishra, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83140-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 9561 of 2025 Petitioner :- Himanshu Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Rajendra Prasad Shukla,Rishabh Shukla Counsel for Respondent :- G.A.,Satish Chaturvedi Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner, learned A.G.A for the State- respondents and learned counsel for the respondent No.3. 2. The writ petition seeks quashing of the F.I.R. dated 30.06.2024 giving rise to Case Crime No.361 of 2024, under Sections-420, 467, 468, 471 and 406 I.P.C., Police Station-Sadar Bazar, District-Saharanpur. 3. There are allegation against the petitioner that he obtained loan on the basis of fabricated documents produced as security for loan. 4. Sri Namit Srivastava, Advocate holding brief of Sri Satish Chaturvedi, learned counsel for the respondent No.3, informs that liability of loan has already been cleared by the petitioner. 5. We find that it is the duty of the bank to sanction loan after due verification of the security produced by the borrower. In case, the bank sanctions the loan without proper verification of security the officers of the bank are also liable for criminal as well as departmental proceedings. 6. Since the loan amount of the bank has been repaid by the petitioner as admitted before the Court for bank, no further proceedings should be permitted, keeping in view the conduct of both the parties. 7. In view of the aforesaid facts and circumstances, impugned FIR is quashed. 8. The writ petition is allowed. Order Date :- 19.5.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad