Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22835 of 2018 Petitioner :- Vipin Kumar @ Guddu Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Pawnesh Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pawnesh Tiwari, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed for a direction in the nature of mandamus directing the respondent no. 1 to register the FIR and take appropriate decision for investigating the matter against illegal detention of the petitioner by respondents including respondent no. 4 SHO Sarai Inayat, District Allahabad with a further prayer for a direction to the respondents to compensate the petitioner with the amount of Rs.10,00,000/- for illegal detention of the petitioner by the police in Case Crime No.317 of 2018 under section 8/20 NDPS Act, P.S. Sarai Inayat, District Allahabad.
Learned counsel for the petitioner submitted that the petitioner is a poor person of labour class and he was working with the private respondents and he was not paid the labour charges. He was implicated in the criminal case U/s 8/20 NDPS Act also by the police in collusion with the private respondents and was sent to jail, thereafter final report was submitted and he was released from jail, hence he has come before this Court.
Learned A.G.A. opposed and submitted that the final report has not been accepted by the court, hence the writ petition is premature one and it is liable to be rejected.
In view of the aforesaid, the writ petition is dismissed at this stage with liberty to file fresh petition at an appropriate stage.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 21.8.2018 AU