(Delivered by Hon'ble Krishna Murari, J)

By means of this petition under Article 226 of the Constitution of India, petitioner, a practising Advocate of this Court, has challenged the legality and validity of the first information report dated 16.06.2017 lodged by the respondent no. 4 implicating him and other co-accused registered as case crime no. 0329 of 2017 under Sections 419/420/467/468/471/409 IPC, Police Station Cantt. District Allahabad.

2. It may be pertinent to note at this stage that first information report was lodged in pursuance of an order dated 29.05.2017 passed by a Division Bench of this Court in Public Interest Litigation (PIL) No. 1330 of 2017, Lawyers Civilian Society through its Secretary Vs. State of U. P. and others. We called for the record of PIL from the registry. On perusal thereof, we find that PIL was filed seeking the following reliefs :

"1. Issue a writ of mandamus directing the Registrar General, High Court, Allahabad to lodge the first information in regard to fraud and forgery committed by the concern respondents with this Hon'ble Court and Apex Court by filing the writ petitions in the name of fake and dead persons with ulterior motive.

2. Issue a writ of mandamus initiating the judicial inquiry in regard to fraud and forgery committed by the respondents and the modus oprendi of the investigation so that the real culprits who have misused the process of this Hon'ble Court may be punished.

3. Issue a writ of mandamus directing Central Beauro of Investigation to investigate into the Case crime no. 310 of 2014, under Sections 419, 420, 467, 468, 471, 406, 465, 489, 193, 198, 199, 200, 120-B IPC, and under section 3, Prevention of Public Property Damages Act, Police Station Cantt., District Allahabad according to law.

4. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the present case.

5. To award costs of the petition."

3. PIL was preferred by a society by the name of Lawyers Civilian Society claiming to be a society of lawyers working for the betterment of health and environment condition of Allahabad city as well as other parts of the country.

4. Various allegations were made in the said PIL in respect of functioning of Sam Higginbottom Institute of Agriculture Technology and Sciences, Naini, Allahabad popularly known as Allahabad Agricultural Institute which was declared a Deemed University under Section 3 of the University Grants Commission Act, 1956 by the Government of India, New Delhi vide notification dated 15th March, 2000. Allegations were also made against the Vice-Chancellor and other officials involved in the affairs of running of the said University, who were also impleaded as respondents.

5. Facts pleaded in the PIL relevant for the present dispute is that alleging illegal activities of the officers of the institute various writ petitions in the name of dead and fake persons were filed which were dismissed with costs. It was also pleaded that on the basis of dismissal of writ petition filed by fake and dead persons, many genuine writ petitions were dismissed and many illegal acts of the accused-respondents got implied sanction of this Court and Hon'ble Apex Court. The most relevant part of the pleadings in the PIL for the purpose of present dispute is that first information report had been lodged by one Rakesh Kumar Dwivedi under sections 419, 420, 467, 468, 471, 406, 465, 489, 193, 198, 199, 200, 120-B IPC read with section 3 of the Prevention of Public Property Damages Act dated 23.12.2014 which was registered as case crime no. 310 of 2014, Police Station Cantt., District Allahabad.

6. A perusal of the aforesaid first information report annexed along with the PIL as Annexure 7' goes to show that present petitioner was not named therein. The allegation in the first information report was that accused persons named therein manipulated and committed fraud by filing several writ petitions in th