Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2454 of 2019 Petitioner :- Sudarshan Pandey Respondent :- State Of U P And 8 Others Counsel for Petitioner :- J.S. Baghel Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Chief Justice Hon'ble Vivek Varma,J.
This petition for writ is preferred to have an appropriate writ, order or direction for fair and proper investigation in the matter relating to alleged misappropriation said to be made by respondent nos. 5 to 9.
On going through the facts averred in the petition for writ, it reveals that the State Government has already taken cognizance of the issue and necessary instructions have already been given to the competent Authorities to have necessary inquiry in the matter. For the purpose, the contents of paragraph 32 of the petition for writ deserves to be quoted which are as under:-
"32. That regarding this incident the Rajendra Kumar Tiwari, Chief Secretary, Government of U.P. has stated that if the culprits are found guilty, then First Information Report should be lodged against them and in this sequence they lodged an N.C.R. before the lost report cell, State Crime Records Bureau, Mahanagar, Lucknow on 18.10.2019 under Section 379 I.P.C. while the disclaimer no. 2 of this complaint itself explanatory which states that report lodged under this application is not a subject matter of inquiry or investigation and Serial No. 3 of the disclaimer declares that "in case of loss due to theft or other property offence please contact your nearest police station. Therefore, it is crystal clear that the State of U.P. is misusing its power and closing the case in a manner to benefit the culprits. Video copy of the Press Conference done by the Chief Minister is being filed herewith and marked as Annexure No. 10 to this writ petition."
In view of the factual position noticed above, we are not inclined to interfere in the matter. The petition for writ is disposed of by keeping the petitioner at liberty to assist the Investigating Agency, if he is having any material to substantiate the allegations. He is also at liberty to agitate his cause by submitting representations to the competent Authorities of the State.
With the directions as above, the petition for writ stands disposed of.
Order Date :- 20.12.2019 Shubham .
(Vivek Varma, J.) (Govind Mathur, C.J.)