The main legal point established in the judgment is the essential features and conditions under which a writ of certiorari could be issued, as well as the need to address delays in proceedings and the failure to extend interim orders.

JUDGMENT :

1. Heard Shri Ravi Kumar, the petitioner, appearing in person before us to plead his own case; learned AGA for the State of UP and perused the pleadings of aforesaid writ petition and the prayer sought by the petitioner.

2. At the outset we were shocked and stunned to see the array of the respondent parties, whereby, Smt. Mahima Jain, a serving judicial officer, presently posted as Civil Judge (J.D.)/F.T.C.-2, Gautam Budh Nagar is arrayed as respondent no.2 and Smt. Kusumlata Daksh, Bench Secretary (Peshkar) attached to the Court of Civil Judge (J.D.)/ F.T.C.-2, Gautam Budh Nagar as respondent no.3. This Court records its strongest exception to such type of loose and irresponsible drafting of the petition; whereby every man on road (the petitioner) assumes a right to use any number of castic innuendos and pungent remarks upon judicial officer’s integrity. Though, this issue would be dealt at the later part of the judgment in more befitting way, but, at this juncture we record our grave concern to such type of pratices.

3. Now coming to next issue, whereby Mr. Ravi Kumar, the petitioner himself has drafted the petition in Hindi and sought following prayers. At this stage we may clarify that we have got no hesitation in admitting and entertaining the writ petition drafted in Hindi but it must carry some substance in it. The prayers sought by the petitioner are :

^^v& mi;qZDr ;kfpdk esa mRçs"k.kkRed çd`fr dk vkns'k ;k funsZ'k tkjh djrs foi{kh laå 2 o 3 ds fo:} eqdnek pykus dh vuqefr çnku djus dh d`ik djsaA

c& mi;qZDr ;kfpdk esa mRçs"k.kkRed çd`fr dk vkns'k ;k funsZ'k tkjh djrs foi{kh laå 2 o 3 ds fo:} foHkkxh; tk¡p ds vkns'k ikfjr djus dh d`ik djsaA

l& mi;qZDr ;kfpdk esa rF;ksa ,oa ifjfLFkfr;ksa ds vk/kkj ij ekuuh; U;k;ky; mi;qZDr çd`fr dk vkns'k ;k funsZ'k tkjh djus dh d`ik djsaA

n& mi;qZDr ;kfpdk esa ;kph ds gd esa lO;; vkns'k ;k funsZ'k tkjh djus dh d`ik djsaA**

4. Thus, from above it is clear that the petitioner sought “mRçs"k.kkRed çd`fr dk vkns'k” which, if translated in English means “Writ of Certiorari” was sought from us to initiate prosecution against respondent nos.2 and 3 and second (ii) Writ of certiorari is sought to initiate the departmental inquiry against respondent nos.2 and 3.

5. Without appreciating the nature and scope of writ of certiorari, the aforesaid two prayers were sought by Mr. Ravi Kumar, the petitioner, in person. Writ of Certiorari could be issued in cases, “Whenever any body of persons having legal authority to determine questions affecting rights of subjects and having the duty to act judicially but have acted in excess of their legal authority.” The essential features and conditions under which ‘writ of certiorari’ could be issued have been pointed out by Hon’ble Apex Court in Province of Bombay vs. Khushaldas (AIR 1950 SC 222); T.C. Basappa vs. T. Nagappa (AIR 1954 SC 440) and Hari Vishnu Kamath vs. Ahmad Ishaque (AIR 1955 SC 233) and other most of the cases. Assessing the guidelines laid down in above judgments and the prayer sought by Mr. Ravi Kumar, the petitioner, we are afraid that we can not grant the prayer i.e. to initiate the prosecution against the respondent nos.2 and 3, nor we can grant relief to initiate the disciplinary/departmental proceeding against them.

FACTS & CIRCUMSTANCES OF INSTANT CASE:-

6. Mr. Ravi Kumar, the petitioner is a chargesheeted accused of Case No.191 of 2018, arising out of Case Crime No.130 of 2016, u/s 498A, 323, 506, 342, 354 I.P.C. & 3/4 of D.P.Act, P.S. Mahila Thana, District Gautam Budh Nagar, pending in the Court of Civil Judge (S.D.)/F.T.C., Gautam Budh Nagar. The aforesaid petitioner, through his counsel, has filed an Application u/s 482 Cr.P.C. No.13544 of 2018 (Smt. Satveeri and 4 others vs. State of U.P.) assailing the legality and validity of the charge sheet as well as summoning order dated 12.3.2018. A Bench of this Court on 20.4.2018 referred the matter before Allahabad High Court Mediation & Conciliation Centre to enable the parties to se