JUDGMENT :

RAMESH SINHA, J.

1. This intra Court appeal has been filed by the appellant, Rafiq Ahamad, questioning the legality of the judgment and order dated 13.12.2022 passed by the learned Single Judge in Contempt Application (Civil) No. 2857 of 2022, whereby the learned Single Judge in last paragraph has directed as under:

“.....In case, any adjournment is given under compelling circumstances, then, the same shall not be granted without heavy cost.”

2. The genesis of the aforesaid contempt application is a judgment and order dated 13.07.2022 passed in Application U/s 482 No. 3369 of 2022, Rafiq Ahamad vs. State of U.P. and Others. The operative portion of the said judgment and order dated 13.07.2022 is required to be noticed and is set-out herein-below:

“9. This Court is of the considered view that two orders, impugned in the present application, do not suffer from any illegality or perversity, which requires interference by this Court in extraordinary jurisdiction under Section 482 Cr.P.C. In view thereof, the present application is dismissed. However, the learned trial Court should proceed with the trial expeditiously and, decide the same, without accommodating request for adjourn