SURENDRA SINGH, J. - (1.) THE petitioner, aggrieved by the inaction on the part of the respondents, to the present writ petition has invoked our extraordinary jurisdiction under Article 226 of the Constitution of India praying for a writ of Mandamus commanding the respondent no. 2 to follow the paragraph no. 486(I) and (III) of the U.P. Police Regulation and register the FIR and investigate the offences against respondent nos. 4 to 7.
(2.) WE have heard learned counsel for the petitioner at a great length and learned AGA and perused the record of the writ petition. Encapsulated facts are that the petitioner is the owner of landed property near Varanasi Development Authority. Rakesh Naik, a local M.L.A. And a Land Mafia in collusion with one Abdul Kalam got executed one forged will dated 1.6.2002 in favour of one Ram Surat Patel. On coming to know about the will, petitioner in 2002 filed a suit for cancellation of the will deed before Civil Judge (S.D.) and obtained an injunction to maintain status qou. It is further alleged that by way of counter blast to exert pressure in Civil Suit, Rakesh Naik lodged an FIR against the petitioner on 24.2.2004 as crime no. 463 of 2004 under section 8/21 N.D.P.S. Act and also under Section 3/25 of Arms Act at police station Cantt, District Varanasi.
(3.) THE petitioner was arrested in the aforesaid crime. His brother however, moved an application before respondent no. 2 for initiating an enquiry which was conducted by Santosh Kuamr (C.O.) District Varanasi. The Enquiry Officer (C.O.) submitted a report on 10.11.2004 to respondent no. 2 in favour of the petitioner. In the enquiry report C.O. held that the petitioner has been falsely implicated in the fake recovery of 400 gms. of heroine, vide aforesaid crime and thus he found the implication of the petitioner to be false under Section 8/21 of N.D.P.S. Act and also under Section 3/25 Arms Act.;