Court No. - 34
Case :- WRIT - C No. - 10645 of 2017 Petitioner :- Santosh Singh And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Manoj Kumar Pandey Counsel for Respondent :- C.S.C.,Ramesh Chandra
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Called in revise. None appeared to press this writ petition. Learned Standing Counsel appearing for respondent-1 and Sri Ramesh Chandra, Advocate, appearing for respondent-2 are present. In the circumstances, we ourselves have perused the record.
2. Petitioner is challenging the order dated 20.02.2017 passed by respondent-1 terminating inquiry against a Notary Advocate, Sri Indrason Singh initiated on the basis of complaint made by petitioner.
3. Petitioner is only a complainant and cannot be a party to lis. It has repeatedly been held by this Court that a complainant is neither necessary nor appropriate party and, therefore, writ petition at the instance of petitioner-complainant is not maintainable. A Division Bench of this Court in Amin Khan Vs. State of U.P. 2008 (2) AWC 2002 has said, in case he was a complainant, he could be, at the most, examined as a witness in the enquiry but he cannot be permitted to become a party in the lis.”
4. The same view has been taken in another Division Bench decision of this Court in Special Appeal No. 382 of 2008 (Guru Prasad Yadav Vs. State of U.P. & others) decided on 13.3.2008 and a single Judge decision of this Court in Writ Petition No. 18839 of 2008 (Shravan Kumar Chauhan Vs. State of U.P.) decided on 11.4.2008.
5. In view of above, the present writ petition on behalf of petitioner, who is only complainant, is not maintainable. Dismissed accordingly.
Order Date :- 27.2.2019 PS