Judgment:
1 HIGH COURT OF MADHYA PRADESH : JABALPUR W.P. No.1288/2008 Corporation Bank Vs. Union of India and others Present : Hon’ble Mr. Justice R.S. Jha. For the petitioner : Shri Manish Datt Senior Advocate with Shri Yogesh Soni. For the respondents : Shri Sudesh Verma,G.A. ORDER
(13.09.2012) The petitioner bank has filed this petition being aggrieved by the action taken by the police authorities on the complaint filed by one Smt. Sushma Bajaj and others.
2. It is alleged that the complainant had taken a loan from the Bank and when the officers of the bank went to the premises of the aforesaid persons, who are in default of repayment of the loan, to affix a notice for recovery, they have filed a false complaint against the officials of the bank in which the Police is taking steps, being aggrieved by which a direction to the respondents has been sought prohibiting them from doing so.
3. From a perusal of the return filed by the respondents specifically document Annexure R/1 it appears that the police after enquiry has not found most 2 of the allegations made by the complainant to be established. It is further apparent that subsequent action on the aforesaid report by the respondent/police authorities has not been brought on the record, therefore, it is not clear as to whether the police is proceeding any further on the complaint made by Smt. Sushma Bajaj.
4. Quite apart from the above, this petition has been filed by the Bank whereas no case has been registered against the bank and no proceedings have been taken by the Police against the bank and the officers against whom the proceedings have been taken have not approached this court.
5. From a perusal of the record it is clear that the police is taking action on the report in accordance with law and in case any person is aggrieved by the same, the remedies as provided under the Cr.P.C. are available to him.
6. In the circumstances, the present petition filed by the Bank is disposed of with the aforesaid observation as no writ in favour of the petitioner-Bank can be issued by this court in the present petition. In the facts and circumstances of the case there shall be no order as to costs. (R.S. Jha) Judge msp 3