Can i withdraw earlier wp n file a fresh wp with more proof

Querist : Anonymous (Querist) 06 February 2021 This query is : Resolved
Sir I've made omplaint n filed a WP in 2018 against an assistant Commr commercial tax for his alleged activities in filing complain against a trader. ie he has shown less crime of forgery docs instead of huge. ie 150 nos instead of 8. and made favour the accused n weakened the FIR. By this trader evaded 45 lakhs VAT. Only department action taken on him.

As expected FIR is now dropped by police since non coop of AC the complainant. In these three yrs AG audit sent report that he has committed 17 crores revenue loss in his service period.

Can I withdraw my earlier WP n file a fresh WP to take criminal action as well as department action? I'm the root cause for AG Audit report.

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K Rajasekharan (Expert) 06 February 2021
It seems that there is no need for withdrawing the writ petition.

On the contrary you can take the permission of the court and amend the part of the petition which you want to modify. Or else, you can submit additional documents with the permission of the court which the courts normally permits because of the wide range of powers it wields.

But the real question is whether such an issue of causing heavy loss to the government for which the record is available can be dealt with by a writ petition in the high court. Definitely in such a case the high court not being a trial court has limitations.

After all at the end of the case what you get is some publicity for the issue and a direction which also can be played with by cunning but legally learned officials.

It seems the right court where you have to file the petition is the vigilance court where it can take action on an officer for causing heavy loss to the governments very easily.

Most probably you may be able to continue both cases as one is for direction to officials and other is to punish the concerned officials.

This is what I think prima fasciae. Please point out if there is any infirmity in my quick view on the issue.

venkatesh Rao (Expert) 25 May 2021
Facts narrated reveal that the remedy lies elsewhere and not in the writ court. It is not known what you have prayed in the writ.

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