Reginald D Souza and Another v. State of U.P. Thru.Secy. Deptt. of Home and 2 Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2032 of 2023 Petitioner :- Reginald D Souza And Another Respondent :- State Of U.P. Thru.Secy. Deptt. Of Home And 2 Others Counsel for Petitioner :- Yogeshwar Sharan Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for the petitioners and learned AGA for State-respondents. Learned counsel for the petitioners has pointed out our earlier order dated

06.07.2022, which is quoted herein below :- "None appears for the petitioners. This Court has gone through the supplementary affidavit filed by the counsel for the petitioner on 25.4.2023. From the same it appears that the compromise has occurred between one Yogesh Kumar Singh, respondent no. 3 and Roman Catholic Diocese through Director Father Isidoor D'Souza. The petitioners in this petition have different description altogether, therefore, this Court cannot believe the submission made in the supplementary affidavit, as the parties to dispute are different from the compromise a copy of which has been filed before this Court. As prayed, list in the next cause list." Learned counsel for the petitioner further argues that the compromise was produced before the Investigating Officer of the police station concerned and it has also been verified on 31.03.2023, as is evident from the page 11 of the supplementary affidavit filed by the petitioners before this Court on 25.04.2023. This Court has perused the order dated 06.07.2022 and supplementary affidavit filed on 25.04.2023. In view of the above, this writ petition is disposed of with a direction to the petitioners and opp. party no.3, who is represented by his Counsel Shri Paritosh Shukla, to approach the Investigating Officer concerned, who shall look into the matter and take appropriate action in accordance with law. Order Date :- 19.12.2023 Arnima High Court of Judicature at Allahabad, Lucknow Bench