Subrata Talukdar,J. - (1.) Under challenge in this appeal is the order of the Hon'ble Single Bench dated 28th of April, 2021 passed in the writ petition being WPA 6315 of 2021. By the said impugned order, the Hon'ble Single Bench allowed CAN 1 of 2021 filed in the writ petition by the respondent No.6 to this appeal namely, one Afjal Ali Sha.
(2.) By allowing CAN 1 of 2021, the Hon'ble Single Bench added the respondent No.6 to this appeal as party writ petitioner to the writ petition. The Hon'ble Single Bench at the same time expunged the name of the original writ petitioner/ the respondent No.1 to this appeal from the writ petition and, in place and stead of the original writ petitioner, added the respondent No.6 to this appeal as the writ petitioner.
(3.) The operative part of the order impugned dated 28th April, 2021 reads as follows:- "However, keeping in mind, as indicated earlier, the safety of the writ petitioner and his family, the name of the writ petitioner is expunged from the cause title and the proposed added party, namely Afjal Ali Sha @ Abjal Shaukat Sha, is added as a party-respondent to the writ petition and immediately transposed as the writ petitioner, in view of the primary contentions and allegations of the applicant and the writ petitioner being the same. That apart, even without going into the veracity of the allegations made in the application for addition of party, it is obvious that the applicant in the addition of party application wants to further the cause of justice by being impleaded in the writ petition. The court appreciates the plight of the writ petitioner and, thus, instead of permitting the writ petitioner to withdraw the case, the name of the writ petitioner is expunged from WPA 6315 of 2021. Instead, the applicant in CAN 1 of 2021, being Afjal Ali Sha @ Abjal Shaukat Sha, is impleaded as the petitioner in the said writ petition. It should be recorded in this context that this court deprecates the modus operandi adopted in the present case, since the matter was decided by a Single Judge and went up in appeal. After the appellate court virtually agreed with the trial court's findings and remanded the matter to the same court on the limited aspect of hearing being not given to the accused person, after such remand, the withdrawal of the writ petition would tantamount to frustrate the order of the appellate court as well as the ends of justice. The hands of the court are not fettered under Article 226 of the Constitution of India by limitations in pleadings; rather, a writ petition is only in the nature of a complaint to bring to the notice of the court the alleged irregularities or illegalities committed by the State machinery or other authorities. The power under Article 226 of the Constitution of India is not exercised within the limited scope of procedural wrangles but is wide enough to take into account any illegality or irregularity of a gross nature, if committed by the authorities, if so required. Hence, for the ends of justice, the learned Advocate-on-record for the added writ petitioner is granted leave to amend the cause title of the writ petition in accordance with the above order, by including the name of the added party and deleting the name of the writ petitioner from the writ petition itself, during the course of the day. The writ petition bearing WPA 6315 of 2021 will now be enlisted on May 12, 2021 at 11:15 a.m. for hearing." ;