Ram Krishan Kumar v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 7834 of 2023 Petitioner :- Ram Krishan Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Others Counsel for Petitioner :- Virendra Pratap Singh Yadav,Pramod Kumar,Vimlesh Kumar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for the petitioner, learned AGA who appears on behalf of State-respondents and perused the record. This writ petition has been filed praying the following main relief: i. A writ, order or direction in the nature of mandamus thereby directing the opposite parties to consider the grievances of the petitioner and decide the representation dated 12.9.2023 sent by petitioner forthwith as contained in Annexure No. 1 to this writ petition." From the perusal of the pleading on record, it is apparent that the petitioner is a government servant and while working as Gram Panchayat Adhikari, Vilage Kalauli, he was accused of financial irregularity. The FIR was lodged against him in which investigation was going on. The petitioner approached this Court in Crl. Misc. Writ Petition No. 25407 of 2018(Ram Krishan Kumar Vs. State of U.P.) which was disposed of on 6.9.2018. It has been submitted by the learned counsel for the petitioner that the charge sheet has been prepared against the petitioner on 10.12.2018 but the same has not been filed before the trial court. Learned AGA has produced before this Court a copy of the written instructions sent by the Incharge Inspector, P.S. Atrauli, District Hardoi wherein it has been stated that although charge sheet was prepared and submitted to the supervisory authority it has been returned with certain objections and investigation is further being carried out. This Court, having perused the prayer clause and impugned FIR, finds that the prayer as made in the writ petition cannot be granted, however, the respondents are directed to conclude the investigation as soon as possible within a period of six months and submit the police report in the court concerned. With the aforesaid direction, the writ petition is disposed of. The instructions are kept on record. Order Date :- 10.10.2023 AKK High Court of Judicature at Allahabad, Lucknow Bench