High CourtsDivision Bench(2014) 11 RAJ CK 0041

Rajiv Daiya vs Registrar General, Raj. High Court and Others

Rajasthan High Court · Decided on 17 November 2014 · Citation: (2015) 1 WLN 207

HON’BLE JUDGES
Sunil Ambwani, Acting C.J. · Prakash Gupta, J
CASE NUMBER
Civil Writ Petition No. 1949/2012

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Judgment

9 paragraphs · 369 words
1.

We have heard petitioner appearing in person. By this writ petition, petitioner has prayed for the following reliefs:

"(a) to kindly prevent the Presiding Officer Smt. Alka Gupta, Court of Addl. Chief Metropolitan Magistrate (Economic Offences), Jodhpur in case No. 950/2010 from illegally proceeding to complete the trial on 4.11.2011 without giving opportunity to the petitioner to produce the defence;

(b) to kindly do the needful for completing the trial while following the prevailing procedure and by giving opportunity to the petitioner to submit counter to the affidavit (Annex. 15) submitted by the UCO Bank Manager Pradeep Kumar and thereafter to pass appropriate orders after hearing the petitioner;

(c) to kindly order for enquiry against Smt. Alka Gupta, RJS in the matter of her misconduct in performing her judicial duties;

(d) to kindly direct the judiciary of Rajasthan to adjudicate the cases of the petitioner without any ill-will and arbitrariness and to complete the trial as per provisions of law providing proper opportunity of being heard and producing defence;

(e) to kindly prevent the trial Court to adjudicate the cases of petitioner purely on technicalities; and xxxxx"

2.

The averments in the writ petition are entirely vague and indefinite. The petitioner appearing in person has not been able to express the real grievance, which he may have against the Presiding Officer of the Court of A.C.M.M. (Economic Offences), Jodhpur. His request to summon the records from the concerned Bank Managers may be considered by the Presiding Officer of the Court, in which the case is pending.

3.

The prayer for a direction to the Judiciary of Rajasthan to adjudicate the case of the petitioner without any ill will or arbitrariness and to complete the trial as per provisions of law providing proper opportunity of being heard and producing defence, does not require any adjudication and directions. The judiciary is expected to decide the cases expeditiously in non-arbitrary and partisan manner. The trial is still pending in which the petitioner may take the defence, which may be available to him in accordance with law.

4.

We do not find any cause to entertain this writ petition under Article 226 of the Constitution of India. The writ petition is dismissed.