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2026 DAILYLAW 15511 (ALL)

VIPIN GUPTA v. STATE OF U.P. AND 3 OTHERS

WRIC/37713/2026 · 2026-10-06

Ajit Kumar, Garima Prashad

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 37713 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE GARIMA PRASHAD, J. 1. Heard Sri Yogesh Kumar Tiwari, learned counsel for the petitioner, Sri Rakesh Bahadur, learned counsel for respondent no. 3 as well as learned Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution, petitioner wants expeditious disposal of his representation. 3. Upon a perusal of representation, we find that the representation is virtually in the form of complaint upon which a three members committee has already been constituted by the District Magistrate. 4. It is contended on behalf of the petitioner that the three member committee has not further proceeded in the matter. 5. Per contra it is argued by Sri Rakesh Bahadur that in view of the Government Order dated 01.08.1997 every complaint made against the person holding the public office, is to be supported with an affidavit. 6. In the circumstances, the Additional District Magistrate in his letter dated 23.07.2026 has directed the complainants to furnish their affidavit in support of complaint so that the matter of enquiry can be proceeded with. 7. Learned counsel for the petitioner at this stage submits that he is ready to furnish the affidavit in support of his complaint. Versus Counsel for Petitioner(s) : Yogesh Kumar Tiwari Counsel for Respondent(s) : C.S.C., Rakesh Bahadur Vipin Gupta .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 8. In the given facts and circumstances of the case, we dispose of this petition with direction to the petitioner to submit an affidavit in support of the complaint, if the petitioner is one of the signatories to the complaint, one affidavit will be sufficient and in the event he files an affidavit, before the District Magistrate, who shall forward the same to the constituted committee under his order to proceed with the matter of enquiry upon the complaint. Petitioner is required to furnish affidavit within two weeks from today and thereafter, the District Magistrate shall ensure that the enquiry shall be concluded within a further period of three months. October 7, 2026 IrfanUddin WRIC No. 37713 of 2026 2 (Garima Prashad,J.) (Ajit Kumar,J.) Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad