SUO MOTU ACTION TAKEN Vs. ICICI BANKLTD

JUDGEMENT

(1.) Today we have dismissed the Habeas Corpus petition no.58318 of 2005 Rakesh Mehta & Others Vs. State of U.P. & Others as infructuous.

(2.) From the averments made in the petition and supplementary affidavit filed by ICICI Bank Ltd., some questions of larger public importance have arisen. This court cannot lose sight of day to day happenings in the society. Therefore, we have taken suo motu cognizance of the matter on the facts that have been brought on record in the aforesaid Habeas Corpus Petition and Supplementary Affidavit.

(3.) The facts in brief are that Shri Someshwari Prasad, Advocate practising in this court had taken a loan from ICICI Bank Ltd., for purchasing a Santro Car. There was default in payment of instalments due to which the bank proceeded to recover the amount from the borrower. From the allegations made in the F.I.R., lodged by Shri Someshwari Prasad and by another Advocate Shri Ranjan Srivastava, it is borne out that on 25.8.2005 at 9.45 A.M. at Thornhill Road while coming to the High Court four persons came on motor cycles and stopped Shri Someshwari Prasad's car. One of the four persons was Collection Officer, Shri Abhinav Verma. They put a country made Pistal on Shri Someshwari Prasad and took him by force to ICICI Bank, Civil Lines Branch where he was beaten by the Branch Manager and others who had kidnapped Shri Someshwari Prasad. An F.I.R. was lodged by Shri Someshwari Prasad which is extracted below:- <FRM>JUDGEMENT_4232_TLALL0_2005.html</FRM>