This petition under Article 227 sought to set aside an order issuing process under Section 83 Cr.P.C. to an accused in a Section 498-A case. The court held that without interim protection in pending anticipatory bail, no extraordinary circumstances existed for interference, so the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- MATTERS UNDER ARTICLE 227 No. - 9390 of 2019
Petitioner :- Dinesh Chandra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shailendra Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the petitioner and learned AGA for the State.
The present petition under Article 227 of the Constitution of India has been filed by the petitioner to set aside the order dated 02.12.2019 passed by Additional Chief Judicial Magistrate, Court No. 6, Agra in Case Crime No. 95 of 2014, under Sections 498-A, 323, 326, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Agra.
No charge sheet has been submitted vide impugned order on this request. Matter is still under investigation.
It appears that process under Section 82 Cr.P.C. was issued and thereafter an application was moved by the Investigating Officer on the ground that applicant (accused) is trying to leave the place of residence and dispose of the properties and matter relates to the offence under Section 326 IPC. Prayer made by the Investigation officer was allowed and process under Section 83 Cr.P.C. was issued.
Anticipatory bail application moved before the Sessions Judge concerned has been rejected and fresh anticipatory bail application is pending before this Court. Since no interim protection has been granted in anticipatory bail moved before this Court, observations recorded by the concerned Magistrate while issuing the process under Section 83 Cr.PC. cannot be interfered with invoking extra-ordinary jurisdiction under Article 227 of the Constitution of India because it is not a case of extra-ordinary circumstances in which extra-ordinary jurisdiction be exercised. Thus, petition being devoid of merits is not liable to be allowed.
Accordingly, the present petition is dismissed .
Order Date :- 7.12.2019 Sanjeet
2 issues framed by the court
Whether the High Court can invoke its extraordinary jurisdiction under Article 227 to set aside the issuance of process under Section 83 Cr.P.C. when anticipatory bail was not granted.
Whether the High Court can interfere with interim orders passed during police investigation without extraordinary circumstances.
3 provisions across 2 enactments
Dinesh Chandra
State Of U.P.
Om Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
