Court No. - 29
Case :- WRIT - C No. - 28157 of 2018 Petitioner :- Sitab Chandra Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Pramod Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner.
The submission of the learned counsel for the petitioner is that his vehicle has been falsely implicated in a motor accident with the connivance of the authorities only for the reason that it was an insured vehicle, therefore, the petitioner wants that the District Magistrate may enquire into the matter and punish the erring officers.
The issue as to whether the petitioner has been falsely implicated or is genuinely involved in a road accident is not a matter which can be decided either in writ jurisdiction or even by the District Magistrate on the administrative side.
The said matter can only be investigated by the Police and if found false, final report may be submitted subject to the acceptance by the District Magistrate or otherwise the petitioner has to face trial and prove that he is innocent and has been fictitiously involved in the said accident.
Thus, this is not a matter where any intervention in exercise of discretionary jurisdiction is possible.
The writ petition is accordingly dismissed. Order Date :- 21.8.2018 S.Sharma