SUNIL KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner claims himself to be a free lance Journalist and has approached this Court through this writ petition, in the form of Pubic Interest Litigation and prays that opposite parties be directed to place the entire records with respect to sale of old Aircrafts and purchase of the new Aircrafts in the year 1989 in Civil Aviation Department, before this Court in a sealed cover including the proceedings showing the action, if any. taken after the judgment and order dated 2.2.2001 passed in Writ Petition No. 338 (MB) of 2001. Ashish Kumar Singh v. State of U. P. and Ors., and further it has been prayed that opposite parties be commanded to hold an enquiry about the deal relating to sale of old Aircrafts and purchase of the new Aircrafts in the year 1989 through an independent agency preferably by C.B.I.

(2.) This is the fourth writ petition on the same subject-matter. Accordingly, a preliminary objection has been raised by the learned standing counsel regarding maintainability of this writ petition. In para 3 of the writ petition, it has been admitted by the petitioner that earlier three writ petitions were filed. From the records produced before this Court, the details of the three writ petitions as indicated in para 3 of the writ petition are as follows : (i) Writ Petition No. 2084 (MB) of 1998. Rajiv Chaturvedi v. State of U. P. and Ors., (ii) Writ Petition No. 2390 (MB) of 1998, Rajiv Chaturvedi v. State of U. P. and Ors., (iii) Writ Petition No. 338 (MB) of 2001, Ashish Kumar Singh v. State of U, P. and Ors.

(3.) in Writ Petition No. 2084 (MB) of 1998, Rajiv Chaturvedi v. State of U. P. and Ors., was filed on the basis of news item published in a Hindi daily 'Hindustan' and it was prayed that a writ in the nature of mandamus be issued commanding the opposite parties to register the first information report sent by the petitioner and the case be investigated by an independent agency, preferably, by the C.B.I. The said writ petition was dismissed by a Division Bench of this Court on 15.5.1999. The order passed by this Court is as follows : "By means of the present writ petition, the petitioner prays to issue a writ order or direction in the nature of mandamus commanding the opposite parties to register the first information report sent by the petitioner as contained in Annexure-4 to the writ petition and to get the case investigated by some independent agency preferably by C.B.I. 'So far as the contention of the case to be investigated by C.B.I. is concerned, the petitioner may approach the State Government who may recommend the case for which no direction is necessary from this Court. So far as the first contention is concerned, we are of the view that in case the F.I.R. has not been registered, the petitioner may approach the C.J.M. concerned under Section 156 (3), Cr. P.C. who may order for investigation. With the above observation, the writ petition is dismissed."