Samsher vs District Magistrate Haridwar And ...
2023 Latest Caselaw 2511 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Writ Petition (M/S) No.2155 of 2023
Samsher                                                 ....Petitioner

                                Versus

District Magistrate Haridwar and Others               ....Respondents

Present:-
            Mr. Mohd. Safdar, Advocate for the petitioner.
            Mr. Tarun Lakhera, Brief Holder for the State.
                               JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks directions that action be

taken against the respondent no.6 based on some enquiry

report and an FIR.

2. Heard learned counsel for the parties and

perused the record.

3. It is the case of the petitioner that the

respondent no.6 has been allotted a fair price shop in their

village, but he had been committing a lot of irregularities,

which were enquired into and it was found that the

respondent no.6 had committed irregularities and an FIR was

also lodged against the respondent no.6, but no action has

been taken.

4. Learned counsel for the petitioner would submit

that despite the report and an FIR having been filed against

the respondent no.6, no action has yet been taken.

5. Perhaps, no writ of this Court is required for an

Investigating Officer to proceed with this case. It is the case of

the petitioner that FIR No.270 of 2023, under Sections 409

and 418 IPC, Police Station Bahadrabad, District Haridwar,

has been lodged against the respondent no.6 by the

petitioner. The Investigating Officer would definitely conduct

the investigation and submit the conclusion, as per law.

6. Insofar as action on the inquiry report dated

12.04.2023 is concerned, it is purportedly a report given by

the Block Development Officer to the Sub-Divisional

Magistrate, Roorkee, which means that the actions are

contemplated against the respondent no.6.

7. The FIR has already been filed against the

respondent no.6. Enquiry has been conducted, which is still

under process. Therefore, having considered the entirety of

facts, there is no reason to make any interference in this

petition, at this stage. Accordingly, the writ petition deserves

to be dismissed at the stage of admission itself.

8. The petition is dismissed in limine.

(Ravindra Maithani, J.) 25.08.2023 Ravi Bisht