RAM KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND OTHERS
CRLP/6883/2025 · 2025-07-30
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154978 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154978 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44065-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6883 of 2025 Petitioner :- Ram Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Ayush Singh,Raghvendra Singh,Sushil Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and the learned A.G.A. for the State. This writ petition has been filed with the following main prayer:
"(i) issue a writ, order or direction in the nature of 'Mandamus' commanding the opposite parties to include the name of husband of Pradhan and direct that a proper investigation and proper sections as per the offences, the case be investigated according to law by the competent authority by the officers; having jurisdiction to investigate prevention of corruption offences." It has been submitted by learned counsel for the petitioner that there are several financial irregularities and prior to the present F.I.R. an order was passed for recovery of money, which was given wrongly to fictitious beneficiaries under the Pradhan Mantri Awas Yojana. These beneficiaries had filed writ petitions and this court had passed an order on 22.07.2021 directing the District Magistrate, Gonda, to hold an inquiry into the matter either himself or by an officer, not below the rank of rank of Additional District Magistrate, and to submit a report after fixing responsibility of persons involved in giving such financial benefits to undeserved persons. A report was called within three weeks and a time-bound interim order was granted to the beneficiaries. In pursuance of the order dated 22.07.2021 passed by the court, C.D.O. Gonda conducted an inquiry on 29.2.2021 alongwith the S.D.M., the A.D.O. (Gram Vikas) and the Gram Vikas Adhikari,
wherein all four beneficiaries were found unqualified. Accordingly, an order was passed on 02.08.2021 by the C.D.O. Gonda. The petitioner made a complaint to the Commissioner, Devi Patan Mandal, Gonda and an on-the-spot inquiry was carried out and an inquiry-report has again been submitted by the C.D.O. Gonda on 22.05.2025. After such submission of report an order has been passed directing the Block Development Officer to take follow-up action.
F.I.R at Case Crime No. 140 of 2025 under Sections 420 and 406, I.P.C., P.S. Ptiyathok, District Gonda, has been lodged by the Gram Panchayat Adhikari, Dariyapur, however, however, such F.I.R. is collusive in nature and against the then Gram Pradhan and her husband. The petitioner has moved an application to the Inspector General of Police, Gorakhpur Zone, with the same prayers as made in this petition, but no heed has been paid and, therefore, this petition has been filed. This writ petition is disposed of with liberty to the petitioner to approach the appropriate forum as is evident from the observation made by Hon'ble the Supreme Court in the case of Sakiri Vasu Vs. State of U.P. and Others reported in 2008 (2) SCC 409. (Brij Raj Singh, J.) (Mrs. Sangeeta Chandra, J.) Order Date :- 30.7.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench