Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5089 of 2019 Petitioner :- Anurag Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siya Ram Verma Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 08.01.2019 registered as Case Crime No.7 of 2019, under Sections 406, 420, 467, 478, 471, 477-A, 120-B IPC, P.S.
Kotwali, District Kanpur Nagar.
The allegation in the first information report, which has been lodged by an officer of HDFC Bank, is that upon scrutiny it was discovered that in release of gold loan, irregularities were found. It is alleged that the petitioner had applied for gold loan and was released loan against deposit of jewellery articles, which, upon inquiry, were found bogus. First information report was lodged not only against borrower but also against officers of the Bank and the valuer.
The contention of the learned counsel for the petitioner is that the petitioner is a Safai Karmi and had applied for personal loan to meet out maternity expenses of his wife and by fraud it has been shown that he applied for gold loan.
The aforesaid contention is a matter of defence which cannot be taken into consideration at this stage and in these proceedings.
As the allegations made in the first information report disclose commission of cognizable offence, no case for interference is made out. The petition is dismissed.
Order Date :- 25.2.2019 AKShukla/-