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2021 Supreme(All) 1386

RAMESH SINHA, RAJEEV SINGH
Syed Asif Ali – Appellant
Versus
State Of U. P. Thru Prin. Secretary, Home, Lko. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anupam Mehrotra
For the Respondent: G.A.,Gaurav Mehrotra, Mohd. Imran

JUDGMENT :

Ramesh Sinha, Rajeev Singh, J.

1. By means of the instant writ petition under Article 226 of the Constitution of India, the petitioners are seeking the following reliefs :

    “(i) issue a writ, order or direction in the nature of certiorari quashin the impugned Government Orders dated 30.12.2015 and 26.07.2016 (Annexure Nos. 1 and 2, Writ Petition) as well as such other orders as may be consequential or incidental thereto for being illegal and unconstitutional insofar as the trial of an offence punishable under S. 138 of the Negotiable Instruments Act, 1881 (Chapter XVII of the said Act) by the Additional Courts of Presiding Officers held by the retired District and Sessions Judges is concerned and if this severability is found to be not feasible, the aforesaid Government Orders and the creation of the said Additional Courts thereunder may kindly be quashed in their entirety;

(ii) issue a writ, order or direction in the nature of certiorari quashing the proceedings of the Court of Presiding Officer, Additional Court, Room No.5, Lucknow in the impugned Case No. 6800/2018 : Sri Praveen Kumar v. Sri Asif Ali and another lodged against the petitioners under S. 138 read with S. 141

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