Neutral Citation No. - 2025:AHC-LKO:48645-DB Court No. - 2 Case :- WRIT - C No. - 7809 of 2025 Petitioner :- Awadhesh Kumar Respondent :- State Of U.P. Thru. Chief Secy. U.P. Lko. And 6 Others Counsel for Petitioner :- Manoj Kumar Gupta Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 4 and Shri Desh Deepak Singh, who has filed his Power on behalf of the Opposite party nos.5, 6 and 7 which is taken on record. 2. This petition has been filed by the petitioner for the following main prayers:- "i) issue a writ, order or direction in the nature of Certiorari quashing thereby the impugned undated "Inquiry Report" provided to the petitioner vide letter dated 23.09.2024 in reply to his RTI Application dated 22.07.2024 alongwith the covering letter dated 02.07.2024 of the office of Sub- Divisional Magistrate, Sadar, Unnao, contained as Annexure No.1 to this writ petition. ii) issue a writ, order or direction in the nature of Mandamus commanding thereby to Inquiry Officer i.e. Opposite party no.4 to re-conduct the Inquiry and submit fresh and fair "Inquiry Report" and further action may be taken against the Opposite party nos.5 to 7 and sanction for prosecution may be given against them in accordance with the same. iii) Any other writ, order or direction which the Hon'ble Court may deem fit under the facts and circumstances of the case, in favour of the petitioner, in the interest of justice. iv) Allow the writ petition with costs." 3. It has been submitted by the learned counsel for the petitioner that the petitioner had purchased a private vehicle XUV 500 W4 Mahindra and Mahindra white colour from Shri Tirupati Auto, Avas Vikas Colony, Unnao, having Chasis No.MAIYU2HHUG6J14696 and the Engine No.HHG4J21573. The vehicle was defective and the petitioner returned the vehicle within six months that is he bought it on 30.11.2016 and returned the same to Shri Tirupati Auto on 22.05.2017. The petitioner lodged an FIR on 26.08.2019 against Manish Kumar Gupta, the Proprietor of the Agency/ Company which had sold the vehicle and against the Manager of the Agency that is F.I.R. No.1008, under Sections 504, 506 and 420 I.P.C. in which a Final Report was submitted by the Police and protest petition was filed by the petitioner which is pending. On 20.03.2020, the said vehicle was got registered by the Proprietor of the Agency- Shri Tirupati Auto in Taxi quota without any knowledge of the petitioner and the Agency started using the vehicle as a Demo car. The Registration number of the vehicle was UP35 AT- 5718. The said registration was made on a false and fake Sale Invoice on 01.12.2016. A complaint was made by the petitioner to the RTO against registration of the said vehicle, no heed was paid. Different complaints were thereafter made against the registration of such vehicle by Shri Tirupati Auto to various Authorities but no action was taken. The Agency-Shri Tirupati Auto also got the vehicle insured with AXA General Insurance Company in a false manner in the name of one Deepali Srivastava, although the registration of the vehicle existed in the name of the petitioner since the time we bought the vehicle on 30.11.2016. The petitioner submitted a complaint to the Superintendent of Police and thereafter filed an application under Section 156 (3) Cr.P.C. before the C.J.M. against the Proprietor of Shri Tirupati Auto and the erstwhile Assistant Regional Transport Officer (ARTO), Unnao, in the office of the ARTO. The said application was rejected by the CJM Unnao, on 30.09.2022 observing that the Opposite parties were public servants. The petitioner has filed a Criminal Revision No.117 of 2022 before the Session Judge, Unnao. He has received a letter on 24.11.2022 from the RTO Lucknow, asking him to submit his evidence with regard to fraud being played upon him by Shri Tirupati Auto and in connivance with the officials in the office of the RTO Unnao. The petitioner has replied to the said notice. He has also applied for sanction to be given to him to prosecute the two erstwhile ARTO and also the window clerk in the office of the Regional Transport Officer, Unnao. The application has been rejected. Now a false Inquiry report has been submitted which he has challenged in this petition. 4. The Counsel appearing for the Opposite party nos.5, 6 and 7 has stated that Opposite party nos.5 and 6 namely Anil Kumar Tripathi and Aditya Kumar Tripathi respectively have retired, they have only followed the law, if any, fraudulent papers were produced by the Proprietors of Shri Tirupati Auto, the petitioner has already initiated criminal proceedings by filing a complaint under Section 156(3) Cr.P.C. and has also lodged an FIR in which after Final Report, a protest petition has been filed by him which is pending. 5. We find no good ground to show interference at this stage, as the Inquiry Report that has been submitted on 02.07.2022 to the appropriate Authority and is yet to be taken cognizance of by the Competent Officer. 6. The writ petition stands disposed of. Order Date :- 20.8.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench