1
Jagat Bahadur Singh vs. State of M.P & Ors.
W.P. No.10979/2010
18.08.2010
Heard Shri A. P. Singh, learned counsel for the petitioner, on
the question of admission and interim relief.
The petitioner has filed this petition alleging that respondent
no.6, who is a clerk in the Court of 4th Additional District & Sessions
Judge, Sidhi before whom Sessions Trial No.139/2008 is pending,
is manipulating the proceedings on his own as well as the records
in connivance with respondent nos.3, 4 & 5 who are accused in the
trial with a view to favour them and is preventing free and fair trial to
which the petitioner is entitled to under the provisions of law.
The petitioner alleges that respondent no.6 has sought
several favour from respondent nos.3, 4 & 5 and on the strength of
the same is helping them in the trial as a result of which the case of
the petitioner has been seriously damaged. In such circumstances,
the petitioner has prayed that action be taken against respondent
no.6 and his case be tried by a Court where respondent no.6 has
no power to interfere.
In view of the aforesaid facts and circumstances, it is clear
that the appropriate and proper remedy of the petitioner is to file a
complaint against respondent no.6 before the District & Sessions
Judge, Sidhi bringing to his notice the aforesaid facts and
circumstances by filing a detailed complaint.
It needs no emphasis to state that in case the petitioner files
a complaint alongwith a copy of the order passed today and a copy
2
Jagat Bahadur Singh vs. State of M.P & Ors.
of the petition, before the District & Sessions Judge, Sidhi, he shall
see that the complaint is dealt with and processed strictly in
accordance with law and if necessary or required, to take
appropriate action.
With the aforesaid observation the petition, filed by the
petitioner, stands disposed of.
C.C as per rules.
( R. S. JHA )
JUDGE
mms/-