The High Court rejected the petition to quash an FIR registered under Section 156(3) CrPC based on a private complaint in a loan default case, noting the matter needs trial court conclusion and long delay. Petition dismissed.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
ORDER
SB Criminal Miscellaneous Petition No.443/2007
ICICI Bank Limited versus Zaheeruddin & anr 4.1.2013
HON'BLE MR. JUSTICE MN BHANDARI
Mr Pankaj Gupta – for petitioner
Mr Paresh Choudhary, PP – for the State
Mr MI Khan – for respondent No.1
BY THE COURT:
By this criminal misc. petition, challenge is made to the FIR bearing No.57/2007 registered at Police Station – Ramganj, Jaipur on 5.2.2007.
It is submitted that the motorcycle in question was financed by the petitioner bank and instalments of loan amount was not paid. It is only to overcome from the action by the petitioner bank that FIR has been lodged against it.
I have considered the submissions and find that the
FIR has been registered pursuant to the order of the Additional
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Chief Judicial Magistrate No.4, Jaipur City on the private complaint filed under section 190 CrPC, whereupon, order under section 156(3) CrPC was passed and, accordingly, police registered the case. The case was registered in the year 2007 and the matter has not been persuaded by the petitioner since then and a period of more than 6 years is going to pass in the month of March, 2013. In view of the above and the fact that the matter must have been concluded by the trial court, no interference can be made in the FIR.
In view of aforesaid, criminal misc. petition is
dismissed.
(MN BHANDARI), J.
bnsharma
All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW
1 issue framed by the court
Whether court should quash FIR registered on order of section 156(3) CrPC in loan default case after long pendency.
2 provisions across 1 enactments
ICICI Bank Limited
Zaheeruddin
MN BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
