Court No. - 29
Case :- WRIT - C No. - 41152 of 2019 Petitioner :- Shiva Kant Dubey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shiva Kant Dubey Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard Sri Shivakant Dubey, Advocate in person. Learned Standing counsel has appeared for respondents no. 1 and 2.
The petitioner has filed this petition seeking a direction that respondents no. 2 and 3 ie. Superintendent of Police, Vigilance Department, Prayagraj and the Income Tax Commissioner, Prayagraj to decide his applications dated 22.11.2018 and 28.8.2018 and to produce the call details and location of Mobile No. 8303502515 for the period 28.8.2019 to 27.1.2018.
A perusal of the above-referred applications reveal that the petitioner wants an enquiry to be held regarding income of his father-in-law Kripa Shankar Pandey. The aforesaid Mobile number is the contact number of his wife.
It appears that the relationship of the petitioner with his wife and in-laws is not very cordial and it is on account of the above that he has filed the above applications and the present writ petition.
The Superintendent of Police is not enjoined upon to take up any investigation at the saying of a private person. The police authorities swing into action only when there is any complaint or FIR of offence alleged to have been committed. In the present case there is no such allegation and therefore involvement of the Superintendent of Police in such matter is totally uncalled for.
The Commissioner of Income Tax is also not required to act upon any such private application of the petitioner to hold inquiry against any person.
The petitioner had previously filed Criminal Misc. Writ Petition No. 19214 of 2019 (Shiva Kant Dubey Vs. State of U.P., and 3 others) with identically the same prayer as made in the present writ petition. The said writ petition was dismissed by this Court vide order dated 16.7.2019 with liberty to the petitioner to avail the appropriate remedy available under law.
The petitioner even after getting the earlier writ petition dismissed as withdrawn to avail the remedy available under law has again filed this petition which is a second writ petition for the same cause of action.
Accordingly we deprecate the practice of filing second petition and dismiss it with costs.
Order Date :- 17.12.2019 SKS