JUDGMENT

Prafulla C. Pant, J.

1. Leave granted.

2. A substantial question of law has been raised in this appeal, as to what extent a High Court can exercise its powers in issuing directions on judicial side, relating to the procedure to be adopted in criminal trials.

3. This appeal is directed against the order dated 24.5.2013 passed by High Court of Judicature at Allahabad in Criminal Misc. Writ Petition No. 62 of 2013 which has been kept alive even after it has become infructuous.

4. Brief facts of the case are that Respondent No. 1, Anil Kumar Sharma (writ Petitioner), was a clerk with ESI Hospital at Agra. He was transferred and posted on 23.5.2012 to KRB Hospital, Agra. A First Information Report (FIR) was lodged against him in respect of offence punishable Under Section 409 of Indian Penal Code (Indian Penal Code) at Police Station Hari Parvat, District Agra, which was registered as Crime Case No. 1044 of 2012. Said Respondent filed writ petition (Crl.) No. 62 of 2013 before the High Court on 3.1.2013 with the following prayer:

issue a writ, order or direction in the nature of certiorari, quashing the first information report dated 21.12.2012 in Case Crime No. 1044 of 2012, Under S