Allahabad High Court
Vinod Kumar Gupta vs State Of U.P. Thru. Addl. Chief Secy. ... on 31 May, 2024
Author: Shamim Ahmed
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:41725
Court No. - 27
Case :- APPLICATION U/S 482 No. - 5058 of 2024
Applicant :- Vinod Kumar Gupta
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 2 Others
Counsel for Applicant :- Suneel Kumar Singh Kalhans,Shikha Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Suneel Kumar Singh Kalhans, learned counsel for the applicant and Sri Ashok Kumar Singh, learned A.G.A.-I for the State as well as perused the record.
The instant application under Section 482 Cr.P.C. has been filed with a prayer to issue a direction to the opposite parties for complying the judgment and order dated 02.05.2024 passed by this Hon'ble Court in CRLP No.2806 of 2024 and also to ensure strict compliance of the orders dated 07.05.2024 passed by the learned Special Judge (P.C. Act), Court No.5 / Additional District and Sessions Judge, Gorakhpur in Misc. Application Nos.224 of 2024 and 225 of 2024.
At the very outset, learned A.G.A.-I for the State made a preliminary objection regarding maintenability of this application under Section 482 Cr.P.C. He submits that the applicant has already approached this Court for his grievance by filing Criminal Misc. Writ Petition No.2806 of 2024, which was finally disposed of by co-ordinate Bench of this Court vide order dated 05.05.2024, which is being reproduced hereunder:-
"1. Heard Shri Suneel Kumar Singh Kalhans, learned counsel for the petitioner as well as learned AGA for the State and perused the record.
2. The instant writ petition has been filed by the petitioner -Vinod Kumar Gupta with the following prayers:-
i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to forthwith take appropriate legal action (Disciplinary and Criminal) against the delinquent employees namely, (1) Sri Virendra Singh Chauhan, Senior Assistant (Establishment Counter) working in the office of District Development Officer, Ambedkar Nagar, (2) Sri Anuraj Jain, Chief Development Officer, Ambedkar Nagar and (3) Sri Sunil Kumar Tiwari, District Development Officer, Ambedkar Nagar who are culprit of bribe case/ FIR No. 003/2024 under Section 7, 13 (1) (b) and 13 (2) of Prevention of Corruption Act, 1988 registered as Police Station Anti Corruption Ayodhya, Uni/ District ACO U.P.
ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to harass the petitioner and not create any type of hindrance in peaceful discharging his official duties.
iii) Issue any such other order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner in the interest of law and justice;
iv) Allow this writ petition with exemplary costs."
3. Learned counsel for the petitioner vehemently submits that it was on his complaint an FIR was lodged and the concerned superior, namely, Virendra Singh Chauhan was trapped and in this connection an FIR bearing Case Crime No. 003/2024 was registered at Police Station Anti Corruption Ayodhya and with regard to that Virendra Singh aforesaid is also confined in prison. However, his associates, namely, respondents no. 4 and 5 are threatening the petitioner not to prosecute the said case and also to change his statement, earlier given to the Investigating Officer.
4. It is further submitted that the petitioner was earlier suspended and had challenged the said suspension order before a Coordinate Bench of this Court by filing Writ -A No. 1798 of 2024 and vide order dated 6.3.2024 the said order has been stayed and the aforesaid writ petition is still pending before the Coordinate Bench of this Court.
5. It is further submitted that the respondents no. 4 and 5 are harassing the petitioner and are not allowing him to discharge his duties without fair and thus, appropriate directions be given.
6. Learned AGA on the other hand submits that if the petitioner is aggrieved by any illegal act by the respondents no. 4 and 5, he may move appropriate application before the Superintendent of Police concerned which has been arrayed as respondent no.3 or he can move to the other higher officers but the prayers which are being claimed by the petitioner may not be granted.
7. Having heard learned counsel for the parties and having perused the record and keeping in view that all the respondents are represented by learned AGA, the instant writ petition is finally disposed of with a direction that with regard to his grievances the petitioner may move a representation before the respondent no.3, who is Superintendent of Police, Headquarter, Anti Corruption Organization, 7th- 8th Floor, 3rd Tower, Signature Building, Police Headquarter, Gomti Nagar Extension, Lucknow and if, such a representation is moved within a reasonable period, to say within two weeks from today, the respondent no.3 would be under an obligation to dispose of the same within next one month, strictly in accordance with law, if there is no legal impediment. "
Learned A.G.A.-I for the State further submits that in pursuance of the aforesaid order dated 02.05.2024, the applicant has already moved a representation before the Superintendent of Police concerned on 06.05.2024, which is still pending. He further submits that as per order dated 02.05.2024, the representation has to be decided within a period of one month, however, the period of one month has not been expired but the applicant has again approached this Court, thus, the relief sought in this application under Section 482 Cr.P.C. cannot be granted unless some order is passed in the aforesaid representation. Thus, the present application under Section 482 Cr.P.C. lacks merit and is liable to be dismissed.
After hearing the learned counsel for the respective parties as well as after perusal of record, this Court finds that the applicant is in very haste by moving one and another application before the authorities concerned and courts. The applicant is not being affected by the order passed by co-ordinate Bench of this Court dated 02.05.2024 and he has to wait for the adequate time i.e. for the period of one month in pursuance of the aforesaid order and he should not approach the authorities in haste for redressal of his grievance. The authorities may take suitable action in their orders. Thus, no interference is required by this Court at this stage.
With the aforesaid observations, the instant application stands dismissed at this stage.
Order Date :- 31.5.2024
Saurabh
