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DINESH KUMAR SHARMA
Sushanta Kumar Mandal – Appellant
Versus
State Through Sho Ps Vasant Kunj North – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 20068/2023
Exemption allowed subject to just exceptions.
Application stands disposed of.
W.P.(CRL) 2150/2023
1. The present petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. with the following prayer:
"1. Allow the present Writ Petition (Criminal) (Mandamus) Under Article 226 of the constitution of India read with section 482 of CRPC for expedite the trial and direct the Ld. ASJ-05, Patiala House Court, District-New Delhi to conclude the trial as soon as possible within one year in Case No. SC 213 of 2022, Titled as "State versus Somkanya Chandreyee Dass". In FIR No. 0142 of 2022, dated 17.03.2022 at PS Vasant Kunj North.
2. Allow the present Writ Petition (Criminal) (Mandamus) Under Article 226 of the constitution of India read with section 482 of CRPC and direct the Ld. ASJ-05, Patiala House Court, District-New Delhi not to grant any further adjournment in Case No. SC 213 of 2022, Titled as "State versus Somkanya Chandreyee Dass". In FIR No. 0142 of 2022, dated 17.03.2022 at PS Vasant Kunj North."
2. Learned counsel for the petitioner submits that the learned Trial Court has granted 7 a
The main legal point established in the judgment is the limited scope of Article 226 and the specific conditions required to interfere with the working of subordinate judiciary, as outlined by the Ho....
Writ under Article 226 is not maintainable against judicial orders in civil proceedings; supervisory jurisdiction under Article 227 remains available for such cases.
Judicial orders from civil courts cannot be challenged through writs under Article 226; alternative remedies must be exhausted first.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226 of the Constitution, and Article 227 jurisdiction is distinct.
The court cannot entertain petitions for interim relief under Article 226 when an alternative remedy is pursued without obtaining interim orders.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226 of the Constitution of India; challenges to such orders must be made through appeals or under Article 227.
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