HASEEN SIDDIQUI @ JAHANGIR Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed by Haseen Siddiqui @ Jahangir for issuing a writ or direction in the nature of certiorari quashing the administrative order dated 22.4.2013 passed by Sessions Judge, Lucknow as well as order dated 15.7.2013.

(2.) Heard Mr. R. P. Mishra, learned counsel for petitioner and learned AGA.

(3.) It has been mentioned in the memo of petition that trial of the case was going on in the said court after petitioners arrest on 29.11.2012 by A.T.S. U.P. Lucknow till 17.5.2013 when Learned A.C.J.M. VIII ordered for holding the trial of the petitioner's case in jail premises instead of its regular sitting at Civil Court, Lucknow. This order was passed in compliance to the Administrative Order of Sessions Judge, Lucknow dated 24.4.2013. Order passed by Learned ACJM VIII was challenged by the petitioner in Crl. Revision No.313/13 but in vain and petition under section 482 Cr.P.C. also met the same fate. This Hon'ble Court while disposing off the petition under section 482 Cr.P.C. has observed that order dated 17.5.2013 passed by ACJM VIII, Lucknow (Annexure 2) was based on administrative order dated 24.4.2013 for holding trial in jail premises, hence petition under section 482 Cr.P.C. is not maintainable. There is no allegation of any terrorist activities against petitioner and he is being prosecuted for simply obtaining a Passport fraudulently and for similar act co-accused Mirza Arif Beg has been sentenced for 5 years only in a separate trial on 14.8.2013.