8. Learned senior counsel has commended for our consideration the order passed by the Division Bench of this Court on 10.08.2011 in W.P.No.794 of 2011 and batch, which in-turn has considered elaborately the following Judgments of the Supreme Court in State of Uttaranchal Vs. Balwant Singh Chaufal[2], State of West Bengal Vs. Committee for Protection of Democratic Rights[3]Vishwanath Chaturvedi Vs. Union of India[4] and State of Karnataka Vs. Arun Kumar Agarwal[5].
9. Learned senior counsel has also drawn our attention to the various documents filed as material papers along with this writ petition.
10. We have bestowed our anxious consideration to the various statements of fact and the legal principles on the subject. We are of the opinion that the petitioner has made out a case of misuse and or abuse of power and also acts of indulgence shown by the 8th respondent, warranting admission of this writ petition. Accordingly, we admit this writ petition and issue Rule Nisi.
11. However, we are of the opinion that respondents 3,4,5 and 6 should be directed to independently carry out necessary inquiries/investigation into the various acts alleged to have been committed and attributed to respondents 8 to 20 in the affidavit filed in support of this writ petition based upon the documents enclosed as material papers of this writ petition, before an opinion can be firmed up about the criminal culpability. Let the investigation be carried out and a report be submitted by each of the respondents 3 to 6 in sealed covers for further consideration of this Court, to enable it to take appropriate and necessary further action in the matter. For this purpose, we grant respondents 3 to 6, three months time.
12. Learned counsel for the petitioner is directed to deposit eight more sets of the paper book filed in the writ petition together with the material papers exhibited along therewith within one week from today, so that the Registrar (Judicial) will make available to the respondents 3 to 6 two such sets apace. Call the matter for further consideration after three months.
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GHULAM MOHAMMED, ACJ
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NOOTY RAMAMOHANA RAO, JSp
14th November, 2011
