Court No. - 53
Case :- APPLICATION U/S 482 No. - 14073 of 2018 Applicant :- Ghanshyam Lahari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satish Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Satish Mishra, learned counsel for the applicant and Sri Vishwajyoti Sahai, learned AGA along with Sri Awanish Shukla, learned counsel for the State.
This application under Section 156(3) Cr.P.C. has been filed alleging commission of offences by opposite parties all of whom are Bank officials.
The dispute appears to be about a loan which the Bank alleged that the applicant has availed whereas the applicant says that he has never taken any credit. He has, therefore, sought registration of a case for offences under the appropriate provisions of law which has come to rejected by means of the impugned order dated 16.04.2017.
The Magistrate has recorded that the applicants have alleged fraud against the Bank Manager in showing a loan of Rs. 10,00,000/- outstanding against the applicant and his son. The Magistrate has taken note of the contention that there is an assertion that the applicant and his son had taken a loan and the same has been repaid but no document in this regard has been filed. Under these circumstances, the Magistrate has not found it to be a fit case to order the registration of a FIR.
Looking to the allegations and overall circumstances, this Court is of opinion that proceedings under Section 156 (3) Cr.P.C. which is essentially a judicial power has to be exercised bearing in mind the allegations with some credibility about them. It should not be allowed to be used as a device to settle other kind of claims through abuse of the process of law which is apparently the case here as held by the Hon'ble Supreme Court in case of Shiji @ Pappu and others vs. Radhika and another AIR 2012 SC 499.
Looking to the aforesaid facts, no case for interference is made out. The Application fails and is dismissed in limini.
Order Date :- 24.4.2018 Deepak