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2025 DAILYLAW 13279 (ALL)

KAPIL GUPTA v. STATE OF U.P. AND 2 OTHERS

CRLP/1930/2025 · 2025-02-26

Mahesh Chandra Tripathi, Prashant Kumar

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:26961-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1930 of 2025 Petitioner :- Kapil Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Utkarsh Malviya Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State respondents. 2. This writ petition is preferred praying for the following principal relief: "(i) Issue a Writ of Mandamus to the Respondent Authorities to promptly take a decision on the issue of sanction u/s 197 to prosecute the accused doctor in relation to Case Crime No. 438/2018, in a time bound manner; (ii) Issue a Writ of Mandamus to the Respondent Authorities to adjudicate & dispose off the representations dated 06.10.2023 (and reminders dated 14.10.2023 & 10.05.2024) filed by the Petitioner, in a time bound manner;" 3. Shri Paritosh Malviya, learned A.G.A., has placed on record detailed instructions dated 25.02.2025, issued by the Principal Secretary of the concerned department. He states that the writ petition is not maintainable as the sanction has already been accorded by the competent authority, and a corresponding notification has been issued on 24.02.2025. Therefore, no cause of action for filing the writ petition survives. 4. Accordingly, the writ petition is consigned to record. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 27.2.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad