Uttarakhand High Court
(Under Section 528 Of Bnss vs State Of Uttarakhand And Another on 23 December, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
2024:UHC:9839
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc Application No. 884 of 2024
(Under Section 528 of BNSS, 2023)
23 December, 2024
Shakir Ali --Applicant
Versus
State Of Uttarakhand and Another --Respondents
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Presence:-
Mr. D.P. Mittal, learned counsel for the applicant.
Mr. Bhaskar Chandra Joshi, learned A.G.A. with Ms.
Sweta Dobhal, learned Brief Holder for the State of
Uttarakhand.
Hon'ble Pankaj Purohit, J. (Oral)
Heard learned counsel for the parties.
2. By means of this C528 application,
applicant has challenged the entire proceedings of
the Criminal Case No.2234 of 2021 State of
Uttarakhand Vs. Amarjeet Singh and Others, pending
in the Court of learned Third Additional Senior Civil
Judge, Rudrapur, District Udham Singh Nagar,
under Sections 420, 467, 468, 471, 120B IPC, as
well as Cognizance order dated 24.03.2021 passed
by learned Chief Judicial Magistrate, District Udham
Singh Nagar, N.B.W. dated 16.10.2024 passed by
learned Third Additional Senior Civil Judge,
Rudrapur, District Udham Singh Nagar and the
charge-sheet dated 12.03.2019 and 16.03.2020
submitted pursuant to the FIR No.152 of 2018
registered with Police Station Rudrapur, District
Udham Singh Nagar.
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2024:UHC:9839
3. It is contended by the learned counsel for
the applicant that FIR was lodged against the
applicant and three other persons by way of
application under Section 156(3) of Cr.P.C. for
offences punishable under aforementioned Sections
alleging therein that one person namely Satya Singh
S/o Angan Singh came at Union Bank of India,
Branch Rudrapur and applied for a loan, showing
Darshan Kaur as his wife, Bhupendra Singh and
Chhinder Singh as his sons and further showed that
he is the owner of 7.87 acre land and for the said
loan, he showed petitioner as his guarantor. On said
affirmations, a loan of Rs.7,00,000/- was released to
him. When no installment was paid, the bank
officials went to the village of Satya Singh and they
got to know that the said person was Trilok Singh
not Satya Singh and by doing forgery, he has
grabbed the loan from Bank.
4. It is further contended by learned counsel
for the applicant that the FIR has been lodged by an
inordinate delay of 7 years without cogent reasons.
He also contended that every Bank has a loan
department, who verified the identity of persons
seeking loan, therefore, the forgery could not have
been committed without involvement of the bank
officials. He further submitted that the applicant has
no specific role of forgery and has no direct relation
with the main accused, only on the request of the
then Branch Manager, the applicant introduced the
main accused.
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2024:UHC:9839
5. Per contra, learned State Counsel submitted
that in the charge-sheet, it has come out that the
applicant inspite of knowing the fact that the main
accused-Trilok Singh is falsely representing himself
as Satya Singh for availing the loan from the Bank,
conspired with him and stood as his guarantor.
6. Having heard learned counsel for the parties
and having gone through the entire record, it
transpires that prima-facie from the FIR, the offences
alleged against the applicant, are made out and there
are various disputed question of facts which can be
seen only after the evidence is adduced by the
prosecution. This Court while invoking the
jurisdiction under Section 528 of BNSS Act, cannot go
into the disputed question of facts as alleged. In order
to make out a case for interference under Section 528
of BNSS Act, the applicant has to satisfy the Court
that even if the entirety of the case of the prosecution
is taken as true, no case is made out. But, here this is
not a case, therefore, this Court doesn’t incline to
interfere into the matter.
7. Accordingly, the C528 application is
dismissed in-limine.
(Pankaj Purohit, J.)
23.12.2024
PN
PREETI Digitally signed by PREETI NEGI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c16
432f6aab, postalCode=263001, st=UTTARAKHAND,
NEGI
serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0
F9229D5BF08D959AC, cn=PREETI NEGI
Date: 2024.12.26 10:50:57 +05’30’
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