THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.2811 of 2025

ORDER

Heard learned counsel for the petitioner and Sri.Pratusha Boppana, learned counsel appearing for respondent Nos.1 and 2, Sri.V.Nitesh, learned counsel appearing for respondent No.3 and Sri.VVSSR Anjaneyulu, learned counsel appearing for respondent Nos.4 and 5. With the consent of the parties, the writ petition is being taken up for disposal.

2. This writ petition has been filed seeking the following prayer:-

“to declare the inaction of the respondents in rectifying the central fraud registry despite the order dated 02.09.2024 vide CrLP 8011 of 2023 as illegal, arbitrary and unconstitutional consequently direct the Respondents to rectify the central fraud registry immediately by deleting his name from the fraud list.”

3. Brief facts as stated in this writ petition are that earlier in the year 2012, the petitioner had availed a loan from the respondent Bank and by 13.06.2019, the petitioner had paid the full loan amount and the respondent Bank had also issued No Objection Certificate (NOC), confirming that the petitioner had cleared all outstanding dues. Later, the respondent Bank filed complaint against the petitioner, alleging that the petitioner had availed the aforesaid loan by using fabricated documents and the said complained was registered as Cr.No.156 of 2019 and the same was numbered as C.C.No.20347 of 2019 on the file of XII ACMM at Nampally. Thereafter, petitioner filed Criminal Petition No.8011 of 2023, seeking to quash the criminal proceeding and this Court vide order dated 02.09.2024 passed the following order:- “12.Reverting to the case on hand, though it is specifically contended by the bank that the petitioner has obtained loan by producing fabricated documents, it is noticed that for about two months prior to the lodging of complaint, the petitioner/ accused has repaid the entire loan amount and the bank has accepted the same and even issued No Dues Certificate to him. In view thereof, nothing survives in the case.

13. Having regard to the facts and circumstances of this case and the judgment rendered by the Hon'ble Supreme Court in Central Bureau of Investigation Vs. Duncans Agro Industries Limited this Court deems it appropriate to quash all the proceedings initiated against the petitioner. Accordingly, the Criminal Petition is allowed, and the proceedings initiated against the petitioner/ accused in C.C.No.20347 of 2019 on the hle of the XII Additional Chief Metropolitan Magistrate, at Nampally, are hereby quashed.”

4. Learned counsel for the petitioner submits that the petitioner on 17.09.2024 made a representation and requested respondent Bank to correct his cibil score and remove his name from the list of fraudulent. Thereafter, the petitioner applied for new loan and the respondent Bank rejected the same vide email dated 24.12.2024 with the following remark “Fraud Registry, poor cibil score, continuous DPDs and no clean tracks in cibil”. Hence, the petitioner approached respondent No.5 and requested to rectify the records. However, respondent No.5 informed that the rectification process would take two years time. Aggrieved by the same, this writ petition is filed.

5. Learned counsel for the petitioner submits that inspite of the order dated 02.09.2024 passed in Criminal Petition No.8011 of 2023, the respondent authorities did not rectified the records and further submits that unless the records are rectified, the petitioner would not be able to obtain loan and the same would cause great hardship to the petitioner. Hence, pray this Court to direct the respondent authorities to rectify the central fraud register in respect to the petitioner.

6. Learned counsel appearing for respondent Nos.4 and 5 submits that respondent Bank had already recommended the petitioner’s name for deletion from the Central Fraud Registry and further submits that the respondent No.1 is the authority to process the same and pray this Court to grant a period