Rakesh Kumar vs State Of Uttarakhand And Others
2023 Latest Caselaw 2495 UK

HIGH COURT OF UTTARAKHAND AT NAINITAL

            Writ Petition (M/S) No. 2285 of 2023
Rakesh Kumar                               .............Petitioner

                              Versus

State of Uttarakhand and others ...........Respondents
Present:-
              Mr. Bilal Ahmed, Advocate for the petitioner.
              Mr. Suyesh Pant, Standing Counsel for            the
              State/respondent nos.1 and 2.



                           JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the petitioner

seeks directions that the respondent authority may be

directed to decide the application filed by the petitioner.

2. Heard learned counsel for the parties and

perused the record.

3. Learned counsel for the petitioner would

submit that the respondent no.4 ("Finance Company")

had given loan to some person using the identity of the

petitioner. The petitioner did move an application to the

Circle Officer, Banking Lokpal, Dehradun, but no action

has been taken.

4. If some offence has been committed by the

respondent no.4, the petitioner is free to lodge an FIR. In

case, on the application filed by the petitioner action is

not taken by the authorities; the petitioner may proceed

under the provisions of Penal law on his own. Therefore,

there is no question of directing the respondent authority

to take action on the application filed by the petitioner.

Accordingly, there is no reason to make any interference

in this petition. Accordingly, the petition deserves to be

dismissed at the stage of admission itself.

5. The petition is dismissed in limine.

(Ravindra Maithani, J.) 24.08.2023 Sanjay