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Sobaran Singh v. State Of U.P. And Others - WRIT - C No. 25918 of 2006 [2006] RD-AH 9367 (10 May 2006)


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Civil Misc. Writ Petition No.25918 of 2006

Sobaran Singh


State of U.P. & Ors.

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

This writ petition has been filed for a direction upon the Lokayukta, Uttar Pradesh to consider the complaint of the petitioner dated 3rd April, 2006 and pass appropriate orders.

The facts and circumstances giving rise to this case are that there has been some incident of Marpeet between the petitioner and the officials and employees of the Uttar Pradesh Jal Nigam and in respect of the same, a criminal case has been registered against the said officials and investigation is pending. In addition thereto, the petitioner complainant has filed an application before the respondent no.2, the learned Lokayukta to take action against the said officials and the employees of the Jal Nigam. As no action has been taken by the learned Lokayukta, hence this writ petition  seeking the aforesaid relief.

The learned Standing Counsel appearing for the respondents has submitted that as the petitioner has already lodged a First Information Report against the officials and employees of the Jal Nigam and investigation is going on, it is not desirable at this stage to ask the Lokayukta or any other authority to examine the case. More so, if the allegations made by the petitioner are found to be correct, the action shall be taken against the said officials in accordance with law, in addition to the natural consequence of criminal prosecution. Therefore, the writ petition should not be entertained.

In view of the preliminary objections raised by the learned Standing Counsel and considering the fact that the investigation is still going on, we are not inclined to entertain this petition. It is accordingly dismissed.




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