Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10907 of 2018 Petitioner :- Ibrahim Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Pandey, learned counsel for the petitioner and Sri G.P. Singh, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 13.12.2017, registered as case crime no.523 of 2017, u/s 420, 406 IPC, P.S. Debai, district Bulandshahar.
Learned counsel for the petitioner submits that petitioner had taken loan for house in question. He did not pay the loan amount to the Bank, hence present FIR has been lodged by the Bank against the petitioner. He submits that at the most the Bank could have proceeded against the petitioner under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Learned AGA opposed the prayer for quashing of the FIR which discloses the cognizable offence.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioners, hence no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.4.2018 Gaurav