STATE OF RAJASTHAN Vs. RAM NIWAS

JUDGEMENT

(1.) These cases listed in the cause list are not in accordance with roster laid down by the present Hon'ble the Chief Justice. The roster assigned to this Court is 'SB CRIMINAL BAILS U/S 438 AND 439 CR.P.C., REGISTERED FROM JULY 2021 ONWARDS. SB CRIMINAL APPEALS U/S 14A SC AND ST (PREVENTION OF ATROCITIES) ACT, 1989 RELATED TO BAILS, ALL SB MATTERS PERTAINING TO PREVENTION OF CORRUPTION ACT, WHERE PROSECUTION SANCTION HAS BEEN CHALLENGED.' However, criminal leave to appeals have been listed which are not pertaining to Prevention of Corruption Act.

(2.) In view thereof, any order passed by this Court would be without jurisdiction. It was informed on administrative side that the then Hon'ble the Chief Justice had directed to list Criminal Leave to Appeals on the last working day of each month at Jodhpur. However, the present Hon'ble the Chief Justice, who has assigned the roster in supersession of earlier orders, has not passed any such orders and therefore, this Court would be unable to pass any orders on the Criminal Leave to Appeals listed by the Registry without the permission and sanction of the Hon'ble the Chief Justice. In State of Rajasthan Versus Prakash Chand and Others reported in (1998) 1 SCC 1, the Supreme Court has observed as under:-

(3.) In view of above this Court deems it appropriate to let the matters be listed before the Hon'ble the Chief Justice on administrative side before any judicial order is passed on any of the appeals.