Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 8136 of 2021 Petitioner :- Sanjeev Gupta Respondent :- State of U.P. and Another Counsel for Petitioner :- In Person Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard Sri Sanjeev Gupta the petitioner who is appearing in person.
The present petition has been filed under Article 226 of the Constitution of India with the following relief:
" It is therefore respectfully prayed that it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased to issue writ/order direction of appropriate nature to allow the petition and order dated 24/8/2021 non-est be set aside and the Crl Misc Application 28 of 2021 may kindly be decided fresh on issue under consideration on merit in the interest of justice & equity"
The challenge in the writ petition is to the decision of the learned Single Judge of this Court dated 24.08.2021 passed in Criminal Misc. Application no.28 of 2021 filed in Criminal Revision no.2618 of 2019(Sanjiv Gupta vs State of U.P and another) under Section 401 of the Code of Criminal Procedure.
On a pointed query made by the Court as to the maintainability of the writ petition, reliance is placed on the decision of Roma Sonkar vs State of Madhya Pradesh State Public Service Commission and Ors to assert that every order passed by the learned Single judge is appealable/revisable and can be challenged before the Division Bench so as to provide adequate remedy to a litigant before the Court of law. He further places an order dated 24.9.2021 passed in Criminal Revision no.2618 of 2019 (Sanjiv Gupta vs State of U.P and another) wherein he had pointed out to the revisional court that he had approached the Division Bench of this Court against the order dated 24.8.2021 and the decision of the Division Bench is awaited.
Having perused the order dated 24.8.2021, we may note that the petitioner had appeared in person before the revisional court and filed an application registered as Criminal Misc. Application no.28 of 2021 in Criminal Revision No. 2618 of 2019 wherein he has prayed for the following relief:
"2.This Criminal Misc. Application in pending Criminal Revision No. 2618 of 2019 has been filed seeking a relief that "In view of above, as per proven facts the applicant prays for sending the case to the Supreme Court of India for appropriate action to another jurisdiction of competent High Court for adjudicating as per well established process of law."
This application when rejected by the learned Single Judge, he has approached the Division Bench in the present petition.
We are constrained to note that the conduct of the petitioner in the Court during the course of argument is wholly uncalled for as he has raised voice to stall the proceeding.
We may further note that from the order passed by the learned Single Judge dated 24.8.2021 and 24.9.2021, it is evident that the petitioner/revisionist who is appearing in person had filed the application to stall the proceedings of the revision also though it is recorded that the matter has been expedited by the Supreme Court.
In any case, this Court does not exercise supervisory jurisdiction over the learned Single Bench, the Court exercising revisional power. Taking exception to the conduct of the petitioner herein who is appearing in person, the writ petition is dismissed.
Order Date :- 28.9.2021 Harshita Digitally signed by SUNITA AGARWAL Date: 2021.09.30 17:33:56 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Sadhna Rani Thakur Date: 2021.09.30 17:34:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad