BHOLA NATH GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned AGA for the State.

(2.) Present writ petition under Article 226 of the Constitution has been filed for the issuance of writ of mandamus commanding the respondent no.1 to decide the representation dated 28.9.2018 dispatched through registered post on 1.10.2018 under Section 321 Cr.P.C. within stipulated time.

(3.) As per the averments made in the writ petition, petitioner's son is involved in Case Crime No. 446 of 2018, registered at Police Station Kotwali, District Maharajganj on the basis of F.I.R. dated 5.7.2018 under Section 66/67 of Information Technology Amendment Act, 2008 and 17/18 Protection of Children From Sexual Offences Act. It is further averred in the writ petition that against the son of the petitioner, Case Crime No. 546 of 2018, under Section 3 (1) Gangster and Anti Social Activities (Prevention) Act, 1986 has been registered. According to the petitioner, the police of concerned police station is investigating the matter but there is no hope for getting justice from the Investigating Officer and therefore, application/representation dated 28.9.2018 has been filed through registered post on 1.10.2018 before the State Government under Section 321 Cr.P.C for withdrawal of prosecution,2 but no decision on the said representation has been taken. Hence, the present writ petition.