- (1.) Heard Shri Udai Narain Khare, learned counsel for the petitioner and Shri Ashish Pandey, learned Additional Government Advocate for the State in opposition.
(2.) By means of this writ petition the petitioner has prayed for quashing of the First Information Report dated 14.10.2007 lodged at case crime No. 542 of 2017, under sections 420, 467, 468, 471 IPC, Police Station Kotwali Nagar, district Mahoba and also for a direction to the respondents-authorities not to disturb the peaceful life of the petitioner.
(3.) In nutshell, the facts of the case are that an application under Section 156(3) of the Code of Criminal Procedure was made by the first informant Drig Pal Singh, son of late Phool Singh, resident of village Rawai, in the Court of Chief Judicial Magistrate, Mahoba to the effect that the first informant is the resident of village Riwai, Tehsil Charkhari, district Mahoba. The sister of the informant is married in village Kunwarpura, district Jalaun. Pramod Shukla met the first informant and told him that he can get any work done from the Manager of Union Bank of India, Mahoba. Thereafter the first informant asked Pramod Shukla that his cultivation is not good. Pramod Shukla asked him that he shall get the Prime Minister money loan sanctioned. In the month of April, all of a sudden, Pramod Shukla came to the house of the first informant and asked him to call his colleagues and that he shall get the loan sanctioned after meeting Mohan Lal, the Branch Manager of Union Bank of India. Thereafter the first informant along with Raj Bahadur, Manish and Ashok Rajpoot met Pramod Shukla and came to Mahoba where Pramod Shukla caused them met with Mohan Lal, the Branch Manager, who get their accounts opened on 18.4.2017 and Pramod Shukla demanded Rs. 5,000/- each in the presence of the Branch Manager to which the first informant and others agreed. Raj Bahadur and Ashok Rajpoot applied for General Merchant shop, Manish Saxena applied for Ready Made Garments shop and the first informant applied for Furniture shop. After getting the application for loan prepared for Rs. 1,95,000/- of Raj Bahadur, Rs. 1,90,000/- of the first informant and Manish Saxena and Rs. 1,50,000/- of Ashok Rajpoot, the Branch Manager demanded bill vouchers of the shops to which they have expressed their inability. Thereupon, the Branch Manager asked them that he shall get the bill vouchers prepared and initially they shall be paid Rs. 50,000/- each and rest of the amount will be paid after the turnover of the shop. Thereafter Pramod Shukla who was sitting beside the Branch Manager after getting their signatures obtained on the blank papers, withdrawn the money and only gave Rs. 50,000/- to the first informant and others. Thereafter the Branch Manager handed over the Pass Book and Loan Account Book to Pramod Shukla who fled away on his private vehicle. On 08.5.2017 when they have taken the statements of account, they have come to know that money had been withdrawn from their accounts by the Branch Manager and Pramod Shukla. On 10.5.2017, they have written letter to the Regional Office of the Union Bank, Hon'ble Chief Minister and the District Magistrate and personally met the A.G.M. Union Bank of India, Kanpur, who in turn has telephoned the Branch Manager and directed him to get the matter settled. When they again went to the Branch Manager, he has given Rs. 50,000/- each to them and assured them that the balance amount will be transferred to their accounts within eight days and asked them to give him a letter in writing that the matter has been settled and that they do not want any further action in the matter. On the assurance of the Branch Manager, the first informant and others have given in writing that the matter has been settled. However, after a lapse of about 20 days when the money was not transferred in their account, they have had applications to the SHO, Kotwali and the Superintendent of Police, Mahoba and when no action was taken, they have moved the application under section 156(3) Cr.P.C.;