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2001 Supreme(SC) 695

R.P.SETHI, K.T.THOMAS
Vinoy Kumar – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

Sethi, J.-Aggrieved by the orders passed by the District and Sessions Judge, Varanasi dated 13.2.2001 transferring a number of criminal cases for disposal to the Additional District and Sessions Judge/Special Judge, the petitioner-Advocate, representing the accused persons in three of such transferred cases, filed a writ petition in the High Court praying for quashing of the said order. It was contended that by the transfer of the cases, the speedy trial of the accused has been hampered and that the order has been passed in a casual manner. The writ petition was dismissed by the High Court holding that the petitioner being an advocate had no locus standi to challenge the legality of the order by way of a writ petition.

2. Generally speaking, a person shall have no locus standi to file a writ petition if he is not personally affected by the impugned order or his fundamental rights have neither been directly or substantially invaded nor is there any imminent danger of such rights being invaded or his acquired interests have been violated ignoring the applicable rules. The relief under Article 226 of the constitution is based on the existence of a right in favour of the person








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