Tuesday 1 March 2022

Supreme Court Deprecates Impleading Judges In Petition Challenging Grant Of Bail

  Firstly, we see no reason why the petitioner should have filed this writ petition challenging the order of the Magistrate directly in this Court. Further, we also fail to understand why the Judge granting bail has been impleaded by name as respondent no.6 and also the Additional District Judge, who has refused to interfere with the order passed by the Magistrate has been impleaded by name as respondent no.7. The said conduct of the petitioner is deprecated.

IN THE SUPREME COURT OF INDIA 

VINEET SARAN; C.T. RAVIKUMAR, JJ. 

Writ Petition(s)(Criminal) No(s). 48/2022.

BALAKRAM @ BHURA Vs THE STATE OF UTTAR PRADESH & ORS.

Dated:  21-02-2022

This writ petition has been filed under Article 32 of the Constitution of India challenging the order of the Magistrate granting bail to respondent nos. 2 to 5. Firstly, we see no reason why the petitioner should have filed this writ petition challenging the order of the Magistrate directly in this Court. Further, we also fail to understand why the Judge granting bail has been impleaded by name as respondent no.6 and also the Additional District Judge, who has refused to interfere with the order passed by the Magistrate has been impleaded by name as respondent no.7. The said conduct of the petitioner is deprecated.

We, thus, dismiss this writ petition with cost of Rs. 5,000/-. The cost be deposited with the Supreme Court Advocates-on-Record Welfare Fund within four weeks from today.

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