- (1.) THIS petition under Article 226/227 of the Constitution of India has been filed with the following prayers: (i) issue a writ, order or direction in the nature of Mandamus commanding the respondent No.3, the Chief Justice Allahabad High Court to take appropriate penal action against the opposite party Nos. 1 and 2 viz Shri Mohan Lal Vishwakarma and Shri Rais Ahmad for acting in clear violation of the law and punish the respondent no.1 for committing with willful and deliberate contempt of the Court. (ii) issue a writ, order or direction in the nature of Mandamus commanding the respondent No.1 not to proceed with the Sessions Trial No. 44 of 2008 pending before the Court of Special Judge Gangster Act, Gonda. (iii) issue a writ, order or direction in any nature which this Hon'ble Court may deem fit and proper under the circumstances of the case. (iv) award the cost of the writ petition in favour of the petitioner.
(2.) THE brief facts necessary for disposal of the present petition are as follows: The petitioner -Munshi alias Rajesh Tiwari is an accused facing trial in Gangster Case No. 44 of 2008 (State Vs. Munshi alias Rajesh and others) pending in the court of Special Judge, Gangster Act, Gonda/Additional District and Sessions Judge, Court No.9 under Section 147,148, 149, 302, 201, 404 I.P.C. and Section 3 (1) U.P. Gangster Act.
(3.) THE perusal of the documents filed on behalf of the petitioner reveals that after conclusion of the prosecution evidence the statement of the accused persons under Section 313 Cr.P.C. was recorded on 29.6.2011 and thereafter several dates were fixed for defence evidence and arguments but on none of these dates the petitioner or the other four accused persons, who are facing trial with the petitioner, neither produced evidence in their defence nor get their case argued.;