SHOBHANA SHARMA AND ANOTHER v. STATE OF U.P. THRU. PRINCIPAL SECRETARY HOME AND 3 OTHERS
CRLP/21230/2025 · 2025-09-18
J J Munir, Pramod Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 99284 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 99284 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21230 of 2025 Court No. - 42 HON'BLE J.J. MUNIR, J.
HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard Mr. Sanjay Mishra, learned Counsel for the petitioner at substantial length in support of the motion to admit this petition, Mr. Rajeev Kumar Tripathi, learned Counsel holding brief of Mr. Kumar Dhananjay, learned Counsel appearing on behalf of respondent no.4 and Mr. K. K. Nishad, learned State Law Officer appearing for the State. In this case the allegations are that the informant initially agreed to stand as guarantor for a loan taken by petitioner no.2 Vishwanand Sharma, but, later on, after the period of guarantee was over, the loan though running in debit was renewed from time to time and the petitioner's guarantee was extended on the basis of his forged signatures. Learned Counsel for the petitioner has argued that the dispute is essentially civil and informant had sought arbitration in terms of some agreement or arbitration clause in an agreement, where he could not succeed. He has lodged this F.I.R. in order to exert oblique pressure upon the petitioner to settle the matter. We do not agree. This is a matter which may have both a civil and a criminal angle to it. The allegation about forging of the informant's signatures on papers relating to extension of the guarantee, prima facie, would constitute an act of making a false document. In the circumstances, we do not find any good ground to interfere with the Versus Counsel for Petitioner(s) : Rahul Mishra, Sanjay Mishra Counsel for Respondent(s) : Kumar Dhananjay, G.A., Niteesh Kumar Mishra Shobhana Sharma And Another .....Petitioner(s) State Of U.P. Thru. Principal Secretary Home And 3 Others .....Respondent(s)
impugned F.I.R. This petition is summarily dismissed. September 19, 2025 Vijay CRLP No. 21230 of 2025 2 (Pramod Kumar Srivastava,J.) (J.J. Munir,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad