The Allahabad High Court has directed the Uttar Pradesh government to look into a matter where the post of Assistant District Government Counsel Criminal (ADGC) is being misused by the official in lodging FIRs under SC/ST Act, 1989.
The Division Bench of Justice Vivek Kumar Birla and Justice Arun Kumar Singh Deshwal passed this order while hearing a petition filed by Lalita Yadav and Another.
It is submitted that during the period as alleged the petitioner no 1 was not posted at district Jhansi and although the petitioner no 2 was posted during this period, however, the compensation to be paid to the informant-respondent no 2 in all the cases were approved by a four-member Committee in the light of Government Order dated 4.1.1983, therefore, no offence is made out against the petitioners.
The Court noted that,
On 12.8. 2024 following order was passed:-
“Specific allegation is that the informant is habitual of lodging such criminal prosecution simply for the purpose of getting compensation under the welfare scheme and as per the documentary evidence, he has taken at least Rs 21,00,000 uptil now but according to information of the petitioner, the informant has taken a sum of Rs 27,00,000 uptil now by lodging such first information reports against various persons.
It was highlighted that the informant had used his position as Senior Assistant District Government Counsel at the time of lodging of the FIR although now he is no longer holding that post.
AGA may seek instructions in this regard.
Put up this case as fresh on 04.9.2024.
The details of various first information reports and the compensation given to the informant while working as Senior Assistant District Government Counsel should be specifically mentioned in the affidavit.”
The Court further observed,
We find that prima facie this appears to be a glaring example of misuse of official post of ADGC (Criminal), however, no final finding is being recorded and it would be appropriate to that the entire matter be looked into by the respondent no 1-State of UP through Secretary, Home personally and appropriate action / direction be issued on his behalf and the Court be informed as to what action has been taken in this matter.
This has come on record that during the period from 2014 to 2023, the respondent no 2 has lodged 12 FIRs and of which he has received compensation in 9 cases, therefore, this appears to be a serious matter which requires personal attention of the respondent no 1.
In such view of the matter, the Court directed the AGA to forward a copy of the entire record along with order of the Court to the respondent no 1 as well as to the District Magistrate, Jhansi and Senior Superintendent of Police, Jhansi, who shall personally look into the entire record and shall take appropriate steps.
The Court further observed that the matter requires consideration.
The Court further directed the AGA to file an affidavit on behalf of all three respondents, which shall clearly indicate that they have themselves personally gone through the record and what action they have taken in the matter.
“Till the next date of listing the respondents are restrained from arresting the petitioners pursuant to the aforesaid FIR subject to cooperation in ongoing investigation,” the Court ordered.
The Court has fixed the next hearing of the petition on 21.10.2024.
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