Neutral Citation No. - 2025:AHC:119561-DB Court No. - 21 Case :- WRIT - C No. - 23405 of 2025 Petitioner :- Rakesh Kumar Gupta Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Dipendra Kumar Tripathi,Lakshmi Kant Pandey Counsel for Respondent :- A.S.G.I.,Mahabir Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner and Shri Mahabir Singh, learned counsel for respondents No. 1 & 2. 2. The petitioner is aggrieved by an order dated 05.05.2025 passed by Superintendent of Post Office, Jaunpur Division, Jaunpur whereby the complaint of the petitioner that his brother, respondent No. 3, fraudulently got opened an account in the post office in joint name and thereafter withdrew the maturity amount of Kishan Vikas Patra, has been rejected. 3. It has been recorded in the order dated 05.05.2025 that Kisan Vikas Patra was in the joint name of the petitioner and his two brothers, namely Rajesh Kumar Gupta, respondent no. 3 and Mukesh Kumar Gupta. The Savings Account No. 3171639635 was also in the joint account of the petitioner and his two brothers. The account opening form was signed by all the three brothers and their photographs were also affixed over it. The Kisan Vikas Patra also bears signatures of all three. The plea that the petitioner had no knowledge of opening savings account by his brother, respondent no. 3, in the joint name of all three brothers, is not correct, inasmuch as, Kisan Vikas Patra No. 3784575474 of an amount of Rs. 2,00,000/- was opened in the exclusive name of the petitioner by transfer of Rs. 2,00,000/- from joint Savings Account No. 3171639635 and its maturity amount was got deposited by petitioner in his exclusive Savings Bank Account No. 3851345948. The evidence on record reveals that whatever amount has been withdrawn from joint savings account was with consent of all the three joint account holders and payments have been made by Postal Department to the account holders. The dispute between them is a family dispute. The complaint was, accordingly, closed. 4. Learned counsel for the petitioner tried to submit that his brother was instrumental in obtaining his signature on blank forms and the same were used in opening the bank account and subsequently, in withdrawing the maturity amount of the Kisan Vikas Patra. 5. It is relevant to note the pleadings of para-15 of the writ petition: "That the petitioner's father had purchased Kisan Vikas Patra in the names of all his sons. But main paper took in possession of the elder brother i.e. Rajesh Kumar, when the maturity time of which elder brother i.e. Rajesh Kumar knew. He fraudulently opened a joint saving account number- "3171639635" on 11.02.2016 without knowledge of the petitioner with help of assistant clerk in the Head Post Office, Jaunpur. After signing the form, the subscriber can deposit the full amount of Kisan Vikas Patra in the said account. Thereafter he has withdrawn the deposit full amount of Kisan Vikas Patra in the said account by getting us to sign at many times through hooliganism. By taking the assistant clerk of Branch Post office, Khetasarai, Jaunpur into his control, he gave him illegal monetary benefits and gave him fake documents in the name of the petitioner and withdrew all the money." 6. The petitioner, thus, admits that he had signed for withdrawal of maturity amount of Kisan Vikas Patra. Though, it is alleged that it was got signed under coercion. The impugned order specifically records that the petitioner himself got a Kisan Vikas Patra prepared in his exclusive name by withdrawing money from the joint savings account. Thus, we do not find any fault in the impugned order. 7. In our considered opinion, the question of fraud raised by the petitioner cannot be conclusively decided on administrative side in any complaint made by the petitioner. The impugned order closing the complaint of the petitioner does not deprive the petitioner of civil and criminal remedies available to him under law. It is still open to the petitioner to avail the said remedies and in which event, the proceedings will be decided on their own merit without being influenced by any observation made in the impugned order. 8. With the aforesaid clarification, the petition stands disposed of. Order Date :- 22.7.2025 Mukesh Kr. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad