HAZI YUSUF KHAN Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner has filed this petition alleging inaction on the part of the respondents/authorities in not registering FIR against respondent No.6 who according to the petitioner has obtained employment on the basis of forged and fabricated mark -sheet.

(2.) According to the petitioner, he was also an employee of respondent No.4 -Municipal Corporation, Gwalior, and is aware of the fact that respondent No.6 though not qualified for appointment, had obtained appointment using forged and fabricated mark -sheet.

(3.) Learned counsel for respondent No.6 has submitted that petitioner has no locus standi to lodge a complaint with the police inasmuch as no cognizable offence has taken place in relation to the petitioner and further no right of the petitioner is being infringed less than any fundamental right as has been canvassed by the petitioner. It is also submitted that petitioner is an ex - employee of the Municipal Corporation and is having some grudge against respondent No.6. On the basis of the said personal grudge, he is pursuing the case for registration of FIR whereas respondent No.6 was granted compassionate appointment in the year 1995, and after lapse of more than 21 years no case is maintainable. It is also submitted that respondent No.6 has been regularized vide order dated 24.6.1999. It is also submitted that respondent No.6 was granted compassionate appointment and he had not submitted any mark - sheet at the relevant point of time nor any qualification was canvassed by him, therefore, there is no question of any forgery or misrepresentation as far as respondent No.6 is concerned. Learned counsel therefore prayed for dismissal of the writ petition.