Pramod Kumar Verma vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 13388 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3358 of 2023
 

 
Petitioner :- Pramod Kumar Verma
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home, Civil Sectt. U.P. And Others
 
Counsel for Petitioner :- Jayveer Rajput
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioner, learned A.G.A. for the State/respondents Nos.1 to 4 and perused the record.

The present writ petition has been filed by the petitioner with the following main prayers : -

"(II) Issue a writ, order or direction in the nature of Mandamus commanding opposite parties particularly opposite party No.2 and 3 to initiate disciplinary proceedings against Opposite Party No.4 and 5 i.e., Investigating Officer of Case Crime No. 60 of 2018 under Section 302, 201 I.P.C., Police Station - Asiwan, District - Unnao in compliance of judgment and order dated 14.12.2022 passed by learned Additional Session Judge Court No.3, Unnao in Session Trial No.320 of 2018 : State vs Pramod Kumar Verma (Contained as Annexure No.1), in the interest of justice.

(II) Issue a writ, order or direction in the nature of Mandamus commanding opposite parties particularly opposite party no.2 and 3 to initiate criminal proceeding against Opposite Party No.6 and 7 who are the false informant and the false body identifier of the unidentified dead body in case crime no.60 of 2018, in the interest of justice."

It has been submitted by learned counsel for the petitioner that Additional Session Judge, Court No.3, Unnao in S.T. No.320 of 2018 had directed that a copy of the decision be sent to the District Magistrate and the Superintendent of Police, Unnao for initiating the disciplinary proceedings against Investigating Officer and to inform the Court concerned within one month of the action taken in pursuance thereof. However, no action has been taken in pursuance of such order dated 14.12.2022. The petitioner approached the court concerned and the police filed an application for extension of time as is evident from page 17 of the paper book and the order passed by the Additional Session Judge on 14.12.2022. It has been submitted that till date no compliance report has been filed before the Additional Session Judge, Court No.3, Unnao.

This Court has perused the pleadings on record.

If the petitioner is aggrieved by non compliance of the order of Additional Session Judge in a case, the petitioner has remedy of filing an appropriate contempt petition before the Hon'ble Contempt Judge under the Contempt of Courts Act.

Presently the writ petition is misconceived. Accordingly, it is dismissed.

Order Date :- 28.4.2023

ML/-