Writ Petition No. 7806 (M/B) of 2009, 4212, 5366, 5369, 5372, 6678 (M/B) of 2012, 3647, 5464, 6098 and 6774 (M/B) of 2014. Case: 1) Satya Pal Singh 2) Nirmal Kumar Dwivedi Vs 1) State of U.P. 2) Principal Secretary, Department of Rural Development. High Court of Allahabad (India)

Case NumberWrit Petition No. 7806 (M/B) of 2009, 4212, 5366, 5369, 5372, 6678 (M/B) of 2012, 3647, 5464, 6098 and 6774 (M/B) of 2014
CounselFor Appellant: Rajeev Singh, Santosh Shukla, A.K. Jauhri, Anil Kumar Tiwari, R.S. Pandey, R.B.S. Rathore, Alok Singh, Mahmood Alam, Rizwan Khan, Gayasuddin, O.P. Singh Sikarwar, Jay Prakash Singh, P. Chakravarty, Nadeem Murtaza and V.K. Dubey,Advs.and For Respondents: Zafaryab Jilani, AAG, Sunita Sachan, Islam Khan and Bireshwar Nath,Advs.
JudgesRavindra Singh and Vishnu Chandra Gupta, JJ.
IssueCode of Criminal Procedure, 1973 (CrPC) - Sections 197, 397, 401, 437, 438, 482; Constitution Of India - Articles 14, 20, 21, 226; Indian Evidence Act, 1872 - Section 114(e); Indian Penal Code 1860, (IPC) - Sections 109, 120-B, 408, 409, 419, 420, 467, 468, 471; Prevention Of Corruption Act, 1988 - Sections 13(1), 13(1)(d), 13(2), 19, 19(1), 19...
Judgement DateSeptember 26, 2014
CourtHigh Court of Allahabad (India)

Judgment:

Vishnu Chandra Gupta, J.

  1. By means of Writ Petition No. 7806 (M/B) of 2009, the petitioner sought the following reliefs:

    (i) Issue a writ, order or direction in the nature of certiorari quashing the Government Order No. 296WC/Saat-Nyaya-5-2009-124WC/2009 dated 11.05.2009 (contained as Annexure No. 1) Government Order No. 216WC/Saat-Nyaya-5-2009-124WC/2009 dated 06.05.2009 (contained as Annexure-2) passed by opposite party no. 5 and Government Order No. 4762/22-1-2008-112/2008 dated 17.12.2008 (contained as Annexure No. 3) passed by opposite party no. 4.

    (ii) Issue a writ, order or direction in the nature of mandamus restraining the respondents from taking any coercive action against the petitioner in pursuance of Government Order dated 17.12.2008 (contained as Annexure-3 to the writ petition).

  2. By means of Writ Petition No. 4212 (M/B) of 2012, the petitioner sought the following reliefs:

    (i) Issue a writ, order or direction in the nature of certiorari quashing the Government Order No. 5003/22-1-2008-112/2008 dated 17.12.2008 passed by the State Government through the Secretary, Karagar Prasashan Evam Sudhar Anubhag-1, Department of Prison Government of U.P. under Section 197, Cr.P.C. contained in Annexure No. 1 to the writ petition.

    (ii) Issue a writ, order or direction in the nature of mandamus restraining the respondents from taking any coercive action against the petitioner in pursuance of Government Order dated 17.12.2008.

  3. By means of Writ Petition No. 5366 (M/B) of 2012, the petitioner sought the following reliefs:

    (i) Issue a writ, order or direction in the nature of certiorari quashing the impugned sanction order under Section 197 of Cr.P.C. dated 11.06.2012 as contained in Annexure No. 1.

    (ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned final investigation report dated 03.08.2009 so far as it relates to the petitioner as contained in Annexure-2.

    (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties not to arrest the petitioner at Case Crime No. 1002 of 2000, under Sections 109, 419, 420, 467, 468, 408, 471 IPC and Sections 13(1) & (2) of Prevention of Corruption Act, Police Station Ghazipur, District Ghazipur as contained in Annexure No. 6.

  4. By means of Writ Petition No. 5369 (M/B) of 2012, the petitioner sought the following reliefs:

    (i) Issue a writ, order or direction in the nature of certiorari quashing the impugned sanction order under Section 197 of Cr.P.C. dated 11.06.2012 as contained in Annexure No. 1.

    (ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned final investigation report dated 14.09.2009 so far as it relates to the petitioner as contained in Annexure-2.

    (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties not to arrest the petitioner at Case Crime No. 691 of 2000, under Sections 109, 419, 420, 467, 468, 408, 471 IPC and Sections 13(1) & (2) of Prevention of Corruption Act, Police Station Kotwali Mau, District Mau as contained in Annexure No. 6.

  5. By means of Writ Petition No. 5372 (M/B) of 2012, the petitioner sought the following reliefs:

    (i) Issue a writ, order or direction in the nature of certiorari quashing the impugned sanction order under Section 197 of Cr.P.C. dated 11.06.2012 as contained in Annexure No. 1.

    (ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned final investigation report dated 03.08.2009 so far as it relates to the petitioner as contained in Annexure-2.

    (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties not to arrest the petitioner at Case Crime No. 36 of 2001, under Sections 109, 419, 420, 467, 468, 408, 471 IPC and Sections 13(1) & (2) of Prevention of Corruption Act, Police Station Kotwali, District Mau as contained in Annexure No. 6.

  6. By means of Writ Petition No. 6463 (M/B) of 2012, the petitioner sought the following reliefs:

    (i) Issue a writ, order or direction in the nature of certiorari quashing the impugned sanction order dated 11.06.2012 whose copy contained in the Annexure No. 1 to this writ petition.

    (ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned final investigation report dated 03.08.2009 so far as it relates to the present petitioner and whose copy is contained as Annexure No. 2 to this writ petition.

    (iii) Issue a writ, order or direction in the nature of mandamus for staying the arrest of the petitioner on vide Case Crime No. 1002 of 2000, under Sections 109, 419, 420, 467, 468, 471, 120-B IPC read with Sections 13(1) & (2) of the Prevention of Corruption Act, 1988 relating to the Police Station Kotwali, District Ghazipur, during the pendency of the writ petition.

  7. By means of Writ Petition No. 6678 (M/B) of 2012, the petitioner sought the following reliefs:

    (i) Issue a writ, order or direction in the nature of certiorari quashing the impugned sanction order dated 11.06.2012 whose copy contained in the Annexure No. 1 to this writ petition.

    (ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned final investigation report dated 03.08.2009 so far as it relates to the present petitioner and whose copy is contained as Annexure No. 2 to this writ petition.

    (iii) Issue a writ, order or direction in the nature of mandamus for staying the arrest of the petitioner on vide Case Crime No. 1002 of 2000, under Sections 109, 419, 420, 467, 468, 471, 120-B IPC read with Sections 13(1) & (2) of the Prevention of Corruption Act, 1988 relating to the Police Station Kotwali, District Ghazipur, during the pendency of the writ petition.

  8. By means of Writ Petition No. 3647 (M/B) of 2014, the petitioner sought the following reliefs:

    (i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 05.03.2014 passed by the opposite party no. 1 as contained in Annexure No. 1 to the writ petition.

    (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 3 to get re-investigation completed under his supervision.

  9. By means of Writ Petition No. 5464 (M/B) of 2014, the petitioner sought the following reliefs:

    (i) Issue an...

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