RAM KISHUN MISRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Angrej Nath Shukla, learned counsel for petitioner, learned A.G.A. and perused the record.

(2.) Facts in brief as submitted by learned counsel for petitioner are that irregularity was committed by respondent Nos. 3 and 9 in the distribution of essential commodities in collusion with respondent Nos. 4 to 8 and respondent Nos. 10 and 11, for which first information report was lodged as FIR No. 0293 of 2018 under Sections 409 , 420 , 467 , 468 , 471 , 474 I.P.C. and Section 3 and 7 of Essential Commodities Act, 1955 and F.I.R. No. 0404 of 2019 under Sections 120-B , 409 , 471 , 468 , 467 , 420 I.P.C., Police Station Kotwali Dehat, District Gonda but no steps was taken in the matter in question, so the petitioner made a representation in this regard on 15.11.2019 to respondent No. 1/Principal Secretary, Home Department, State of U.P., after considering the matter respondent No. 1 issued a direction dated 25.11.2019 to respondent No. 2. As no heed has been paid, so the present writ petition has been filed by the petitioner with the following main prayer:-

(3.) Learned A.G.A. submits that in both aforesaid F.I.Rs. the petitioner is neither informant nor accused as F.I.R. No. 293 of 2018 has been lodged by one Baleshwar Mani Tripathi and F.I.R. No. 0404 of 2019 has been lodged by Sri Atul Kumar Srivastava, so in view of the said facts, present writ petition filed by the petitioner is not maintainable and the same is liable to be dismissed.