High CourtsSingle Bench(2011) 11 UK CK 0017

Smt Kalpana Joshi and Deepak Joshi vs State of Uttarakhand and Others

Uttarakhand High Court · Decided on 15 November 2011

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Dismissed
CASE NUMBER
Criminal Writ Petition No. 987 of 2011 with Stay Application No. 11793 of 2011

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Judgment

5 paragraphs · 223 words

Hon''ble Prafulla C. Pant, J.—Heard.

2.

By means of this writ petition moved under Article 226 of Constitution of India, the petitioners have sought quashing of the First Information Report dated 13.10.2011, registered as F.I.R. No. 330 of 2011, relating to offences punishable u/s 420 and 467 of I.P.C., Police Station Haldwani, District Nainital.

3.

First Information Report has been lodged by the Branch Manager of Nainital Almora Regional Rural Bank Haldwani, against the petitioners alleging that fraudulently they obtained a loan from the bank. It is alleged that on verifying it was found that though the loan was obtained in acquiring the house, neither the land was purchased by the petitioners, nor any house was constructed. On making default by the petitioners on enquiry the fact came to the knowledge of the bank.

4.

Having considered submissions of learned counsel for the petitioners, and after going through the papers on record, without expressing any opinion as to final merits in the matter, this court is not inclined to interfere with the investigation of the case.

5.

Therefore, the writ petition is dismissed summarily with the observation that if the petitioners Smt. Kalpana Joshi and Deepak Joshi surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay. (Stay Application No. 11793 of 2011, stands disposed of).