Court No. - 20 Case :- MISC. BENCH No. - 4502 of 2010 Petitioner :- Shyamrani Vishwakarma Respondent :- State Of U.P.Through Prin. Secy. Home Civil Sectt. Lko.And Petitioner Counsel :- A.P.Singh Vatsa Respondent Counsel :- G.A Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner and learned A.G.A.
This petition under Article 226 of the Constitution of India has been filed by
the petitioner for issue of a writ in the nature of mandamus commanding the
opposite party No.2 to register the First Information Report and also direct
him to fairly investigate the case.
On the previous date, learned A.G.A. was directed to seek instructions.
Learned A.G.A informs that no one has approached before the Police to lodge
the FIR, therefore, the FIR has not been lodged.
The petitioner Shyamrani Vishwakarma is the wife of Sri Somnath
Vishwakarma, who is Assistant Basic Shiksha Adhikari, Sitapur. She wants to
get the FIR against the accused lodged for committing embezzlement.
The submission of learned counsel for the petitioner is that an inquiry was
already initiated against the accused who was found guilty of embezzlement.
The District Magistrate, had directed the BSA to lodge the FIR, who
colluding with the accused, is avoiding to lodge the FIR. Therefore, BSA,
Sitapur be directed to lodge the FIR against the accused.
The learned A.G.A. opposed the petition and argued that first the petitioner
has got no locus standi to file the writ petition which is liable to be dismissed
on this ground alone.
We agree to the preliminary objection raised by the learned A.G.A. The
petitioner has got no locus standi to file the presnt petition which is liable to
be dismissed.
The petition is, therefore, dismissed.
However, the petitioner may approach the District Magistrate, Sitapur for
redressal of her grievance who will look into the matter.
Order Date :- 8.7.2010
Renu