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2025 DAILYLAW 158121 (ALL)

RAKESH SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO. AND 2 OTHERS

/7504/2025 · 2025-09-12

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7504 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri H.G.S. Parihar, learned Senior Advocate, assisted by Sri Abhiuday Pratap Singh, learned counsel for the petitioner and Sri G.D. Bhatt, learned AGA for the State-opposite parties. 2. By means of this petition, the petitioner has prayed following main reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 27.06.2025 issued by Special Secretary, Govt. of U.P., Basic Education Anubhag 1/O.P. No.3, as contained in Annexure No.1, to this Writ Petition. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to take any action against the petitioner in pursuance of the impugned order dated 27.06.2025 issued by Special Secretary, Govt. of U.P., Basic Education Anubhag 1/O.P. No.3." 3. Learned counsel for the petitioner has filed impleadment application and supplementary affidavit, the same are taken on record. 4. In the supplementary affidavit, it has been categorically indicated in para-6 that the investigation in respect of the FIR is still pending as the same has not been completed. 5. By means of impleadment application, the petitioner has prayed that "Station House Officer, P.S. Varanasi Sector (Vigilance Establishment), Versus Counsel for Petitioner(s) : Meenakshi Singh Parihar, Abhiuday Pratap Singh Counsel for Respondent(s) : G.A. Rakesh Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And 2 Others .....Respondent(s) District- U.P. Vigilance Establishment" be impleaded as opposite party no.4 in the array of opposite parties. 6. Office is directed to allot application numbers to the aforesaid applications. 7. Sri G.D. Bhatt has produced instructions letter dated 10.09.2025 provided by one Sri Ravindra Singh Yadav, Inspector, U.P. Vigilance Establishment, Varanasi Sector, the same is taken on record and photostat copy thereof is provided to the learned counsel for the petitioner on his request. 8. In the aforesaid instructions, it has been categorically indicated that in the FIR in question, investigation has been completed and police report has been submitted before the State Government. Learned AGA has further submitted that since the order dated 27.06.2025 has been passed by the competent authority on the approval of His Excellency the Governor granting sanction of prosecution against the petitioner and investigation has already been completed as police report has been submitted before the Government, therefore, instead of challenging the aforesaid impugned order before this Court, the petitioner may very well file an appropriate application either before the Government, if charge sheet has not been sent to the court concerned, or before the Court taking all pleas and ground, which are available to him, against the impugned order dated 27.06.2025. 9. On that, learned Senior Advocate has stated that to the best of information of the petitioner, the investigation is still going on but if the investigation has been completed and police report has been sent to the Government, liberty may be given to the petitioner to file an appropriate application before the Government for redressal of his grievance and if, in the meantime, the police report is forwarded to the Trial Court, further liberty may be given to the petitioner to file appropriate application before the competent court of law for redressal of his grievance challenging the order dated 27.06.2025. 10. Having considered the submissions of learned counsel for the parties, without entering into merits of the issue and without interfering the CRLP No. 7504 of 2025 2 impugned order dated 27.06.2025, we hereby dispose of this writ petition finally at the admission stage giving liberty to the petitioner to file appropriate application before the competent authority of the State Government taking all pleas and grounds, which are available to him, placing his grievance enclosing therewith the relevant documents including copy of case laws on which the petitioner is placing reliance and if such application is filed, appropriate decision may be taken by the competent authority of the State Government with expedition. 11. If the aforesaid police report has been forwarded to the Trial Court, it is needless to say that the petitioner may approach the competent court placing his grievance against the impugned order dated 27.06.2025 and that application may be disposed of strictly in accordance with law, with expedition. 12. Since we are disposing of this petition at the admission stage, therefore, the impleadment application may not be allowed at this stage. Accordingly, the impleadment application is disposed of in view of the aforesaid terms. September 12, 2025 RBS/- CRLP No. 7504 of 2025 3 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench