Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14579 of 2018 Petitioner :- Executive Officer,Posted At Nagar Panchayat Manjhanpur Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Pt. Sita Ram Vishwakarma Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pt. Sita Ram Vishwakarma, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. and perused the impugned F.I.R. as well as material brought on record.
Following prayers have been made by the petitioner in this petition.
i) issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 2 to 6 to take appropriate action and arrest the accused persons (respondent nos. 7 to 16) forthwith in pursuance of case crime No.158 of 2018 under sections 148, 332, 353, 504, 506 IPC; Case Crime No.106 of 2018 under sections 467, 468, 419, 420, 409 IPC; Case Crime No. 211 of 2018 under sections 147, 506 IPC and Case Crime No.192 of 2018 under sections 147, 307, 352, 504 IPC registered at P.S. Manjhanpur, District Kaushambi.
ii) issue a writ, order or direction in the nature of mandamus commanding the respondent no.6 to file the progress report in pursuance of the FIR 158 of 2018 under sections 148, 332, 353, 504, 506 IPC; Case Crime No.106 of 2018 under sections 467, 468, 419, 420, 409 IPC; Case Crime No. 211 of 2018 under sections 147, 506 IPC and Case Crime No.192 of 2018 under sections 147, 307, 352, 504 IPC registered at P.S. Manjhanpur, District Kaushambi.
iii) issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 5 and 6 to restrain the terminated accused employee respondent no. 14 to enter in the office and handle the computer and essential documents during the investigation in the aforesaid case crime no. 106 of 2018 under section 467, 468, 419, 420, 409 IPC, registered at PS Manjhanpur, District Kaushambi.
iv) issue a writ, order or direction in the nature of mandamus commanding the respondent no. 5 to change the investigating Officer and to make fair investigation in the monitoring of this Hon'ble Court.
So far as the prayer nos. 1 and 3 are concerned, we refuse to grant the said prayers. Accordingly, the same are hereby rejected.
So far as the prayer no. 2 is concerned, the same requires no interference by this Court as the FIR has been recently lodged and the same is dismissed at this stage with liberty to file the same at appropriate stage.
Accordingly, the present writ petition is dismissed at this stage with liberty to file a fresh at an appropriate stage.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 31.5.2018/AU