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RAM LAKHAN DUBEY versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Ram Lakhan Dubey v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 2437 of 2007 [2007] RD-AH 3092 (23 February 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl. Misc. Writ Petition No. 2437 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble G.P. Srivastva, J.

By this writ pettition, the petitioner has sought quashing of the First Information Report of case crime No. 33 of 2007 under section 419/420 I.P.C. lodged against him by the Branch Manager of the Punjab National Bank. The petitioner also seeks interim stay of his arrest. A perusal of the allegations in the First Information Report indicates that the petitioner is alleged to have forged signatures on withdrawal vouchers and to have withdrawn large amount of money from the account of a school. It is also alleged in the F.I.R., that when this fraud was detected by the bank officials on the pointing out of the Principal of the school, a watch was kept on that account. When the petitioner tried to repeat this fraudulent withdrawal of money from that account by another forged signature on a withdrawal voucher, an attempt was made to apprehend the petitioner in the bank itself but the petitioner managed to run away.

This means that virtually the petitioner was detected red handed committing the forgery and fraud. With such serious allegations against the petitioner in the First Information Report, and the fact that no plausible reason or motive has been shown to us on part of the Manager of the Punjab National Bank to lodge a false F.I.R., of this kind against the petitioner, we think that even obtaining bail would be difficult for the petitioner.

Therefore, there is absolutely no ground to quash the F.I.R., or stay the arrest.

The writ petition is dismissed.  

Dated: February 23, 2007

AM/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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