Hon'ble Mrs. Saroj Yadav,J.
Heard Sri V.Q. Siddiqui, learned counsel holding brief of Sri Akash Dikshit, learned counsel for petitioner and Sri Arunendra, learned A.G.A. for State respondents and perused the impugned F.I.R. as well as material brought on record.
The instant writ petition has been filed by petitioner- Durga Singh for the following reliefs:
"(i) issue a writ, order or direction in the nature of mandamus thereby directing the opposite parties no.1 to 4 to initiate an appropriate fair and impartial fact finding inquiry against the opposite parties no.6 to 13 with regard to the allegation made by the petitioner in this writ petition and conclude the same within the stipulated period and if the allegations with regard to the loot of Rs.17 lac cash and the allegation of false implication in criminal case are found true and correct, take strict legal action against the person/police official found guilty; and
(ii) issue a writ, order or direction in the nature of mandamus thereby appointing a competent authority/officer for monitoring and concluding the proposed inquiry against the opposite parties no.6 to 13 with direction him to apprise this Hon'ble Court with the final outcome of the said inquiry within the stipulated period."
Learned A.G.A. has drawn the attention of the Court towards the prayer made in the present writ petition. When a point query was made from the counsel for the petitioner regarding maintainability of the prayer made in the present writ petition, learned counsel for petitioner submits that respondent No.7-Akhilesh Chandra Pandey, who is S.H.O., Gomti Nagar, Lucknow has lodged an F.I.R. dated 25.01.2021 against the petitioner and others which was registered as F.I.R. No.0035 of 2021, under Sections 420, 467, 468 I.P.C. and Section 13 of Public Gambling Act, 1867, Police Station Gomti Nagar Vistar, District Lucknow, a copy of the same is annexed as Annexure No.1 to the writ petition. He further submits that the petitioner and all the accused persons as well as co-accused Mushtaq Ahmad have already been enlarged on bail in the said case by competent court. The said fact is mentioned in para 7 to the writ petition. He further submits that petitioner is running a coaching institute and he has been harassed by the police personnel in pursuance of the aforesaid case. He further submits that petitioner has also moved an application under Section 156(3) Cr.P.C. against the police officials before the Magistrate concerned which is still pending, a copy of the same is annexed as Annexure No.7 to the writ petition.
Considering the facts and circumstances of the case, we do not find any good ground for interfering in the matter with respect to the prayer made in the petition as the petitioner is having remedy to pursue his pending application under Section 156(3) Cr.P.C. before the Magistrate concerned.
Accordingly, the writ petition is dismissed with liberty to the petitioner to pursue his pending application filed by him under Section 156(3) Cr.P.C. before the Magistrate concerned, as per law, if he so desire.
Order Date :- 19.8.2021 Shubhankar