1 FARAD CONTINUATION SHEET. lN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL WRIT PETITION NO.138 OF 2006. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, office Memoranda of Coram Court's or Judge's appearances, Court's orders or directions order and Registrar's order. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr.Sudhir Malode,Adv.for the petitioner. Mr.T.A.Mirza, A.P.P. for the Resp./State. CORAM: J.N.PATEL & B.P.DHARMADHIKARI,JJ. DATE : 20th April, 2006. 1. The petitioner has approached this court, seeking direction against respondents no.1 to 3 to register offences punishable under Sections 408,409,420,465,467,468 r/w Sec.34 of I.P.Code and prosecute officials of the respondent/bank. She has further sought that the investigation should be got done by honest and impartial police officer not below the rank of Superintendent of Police. 2. She has made specific allegation against Shri Jagtap, P.S.I. attached to the police Station, Sitabuldi, who, according to her, has not investigated the matter in accordance with law and has shown favour to the accused so as to shield them from legal action, because of which the petitioner has suffered 2 harassment, mental torture and humiliation. 3. The respondent/Investigating Officer has filed his affidavit-in-reply, which is sworn in by the P.S.I.Jagtap. The police had received complaint of the petitioner which was duly enquired into and they found that the dispute is of Civil nature and, therefore, a certificate was issued to the petitioner that no offence is made out of which cognizance can be taken. 4. The respondent/Bank and its officials have also filed their appearance and reply. It is their case that the petitioner was granted loan. They have annexed a letter dated 19-3-2004 written by the petitioner to the Chief Manager of the Bank in which she has admitted of having taken loan of Rs.3,75,000/- and agreed to repay the same. 5. Therefore, in the facts and circumstances, we are not inclined to intervene in the matter. If the petitioner has any grievance, she can seek alternate remedy by filing a complaint case before the competent Magistrate or civil suit as advised. 6. Mr.Malode, the learned counsel for the petitioner, submitted that the petitioner is not in a position to seek alternate remedy, as she has no access to the documents in the custody of the bank, 3 as, according to her, the Bank officials have forged the document in order to show that she has taken loan of Rs.3,75,000/- which is not correct. 7. Mr.Gupta, the learned counsel for the respondent/bank, submits that petitioner has applied for copies of the documents relating to her loan account and it would be made available to her on payment of reasonable costs. 8. In this view of the matter, the learned counsel for the petitioner seeks to withdraw the petition with liberty to seek alternate remedy. Permitted to withdraw with liberty. 9. Petition is dismissed as withdrawn. JUDGE JUDGE pzc