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2023 Supreme(All) 882

SURYA PRAKASH KESARWANI, JAYANT BANERJI
Kishan Kumar Pathak – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Rahul Mishra, Sanjay Mishra.
For the Respondent: Pankaj Rai.

JUDGMENT :

SURYA PRAKASH KESARWANI, J.

1. Heard Sri R.K. Ojha, learned Senior Advocate assisted by Sri Sanjay Mishra, learned counsel for the petitioner and Sri Manish Goyal, learned Additional Advocate General assisted by Sri Pankaj Rai, learned Additional Chief Standing Counsel for the State-respondents.

2. This writ petition has been filed praying for the following reliefs:

    “(a) To issue a writ order or direction in the nature of quo-warranto against the respondent No. 5 and holding their appointment as illegal and which is not in consonance with the statutory provision as provided under Section 25A of Criminal Procedure Code, 1973 (Cr.P.C. in Brevity) (Act No. II of 1974) and further show cause under what authority respondent No. 5 is holding the post.

(b) To issue a writ order or direction in the nature of mandamus or other appropriate writ/direction to place the person who is suitable and eligible in accordance with the Criminal Procedure Code, 1973 (in brevity Act No. II of 1973).

(c) To issue any order or direction which this Hon'ble Court may deem fit and proper under the ci

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