Khursheed Ahmad vs Qazi Fakhruddin And 25 Others
2023 Latest Caselaw 5825 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 540 of 2023
 

 
Petitioner :- Khursheed Ahmad
 
Respondent :- Qazi Fakhruddin And 25 Others
 
Counsel for Petitioner :- Amit Krishna
 

 
Hon'ble Ajit Kumar,J.

Petitioner is aggrieved against the order dated 21.10.2022 passed by the Special Judge,

It is admitted to the counsel for the petitioner that the review petition has already been filed and is pending before the court concerned in respect of the order dated 21.10.2022 prior to filing of this petition before this Court.

Learned counsel for the petitioner sought to urge before this Court that even while review petition was being filed, a petition under Article 227 of the Constitution would be maintainable and in this regard he has relied upon certain authorities.

This Court is of the considered view that once the statutory remedy of review has been invoked by the present petitioner raising certain grounds questioning the judgment under challenge before this Court, it would not be appropriate for this Court to entertain this petition at this stage and accordingly I refuse to grant any indulgence for exercise of my power under Article 227 of the Constitution.

Petition is accordingly dismissed at this stage.

Order Date :- 21.2.2023

IrfanUddin