This court dismissed a writ petition filed by a complainant seeking to quash an enquiry order finding no merit and directing recovery of embezzled funds, holding that a person with no personal interest lacks locus standi to compel state action for recovery.
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Court No. - 40
Case :- WRIT - C No. - 12298 of 2021
Petitioner :- Indrajeet Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ganesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the petitioner; the learned Standing Counsel for the State-respondents 1 and 2; and have perused the record.
The petitioner had made certain complaints against the then village pradhan and village secretary. A enquiry was conducted and by impugned order dated 09.02.2021 the District Magistrate, Basti found no merit in the complaint.
This petition has been filed for quashing the order dated 09.02.2021 and to issue necessary direction for recovering the embezzled amount from the then village pradhan and village secretary.
As after the enquiry, charges were found not proved, the petitioner, who has no personal interest in the matter, cannot invoke writ jurisdiction to force the State to make recovery. If the State finds no good ground to effect recovery, the petitioner has no locus to seek for a direction upon the State to recover. Otherwise also, in case the petitioner has some information with regard to commission of offence, he is at liberty to lodge a first information report or to take recourse to the provisions of Section 156(3) Cr.P.C. or make a complaint under the Code of Criminal Procedure.
We, therefore, decline to entertain this petition and the same is dismissed , subject to above.
Order Date :- 22.6.2021 Sunil Kr Tiwari
Indrajeet Singh
State Of U.P.
Others
Manoj Misra
Anil Kumar Ojha
As recorded by the court registry
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