Partly allowed

Aibad Ulla and Anr. v. State of U.P. and Anr.

Allahabad HC21 Jan 2020A482/1351/2020

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 application to quash a process order because a related proceeding for the same relief was already pending. However, as the underlying stay was found to be operative, the impugned order was stayed pending determination of the earlier application.

What did the court decide?

Application dismissed but impugned process order stayed; larger application No. 35095 of 2017 filed before appropriate Bench.

Aibad Ulla and Anr. Vs State of U.P. and Anr. — Civil Procedure and Limitation | Allahabad HC (2020)

¶1

Court No. - 74

¶2

Case :- APPLICATION U/S 482 No. - 1351 of 2020

¶3

Applicant :- Aibad Ulla And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Abrar Ahmad Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ram Krishna Gautam,J.

¶5

This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Aibad Ulla and Smt. Firdausiya, with a prayer to quash the order, dated 13.11.2019, passed by Additional Chief Metropolitan Magistrate-I, Kanpur Nagar, in Case No. 40731 of 2017 (State vs. Siddique Isra Subhani and others), under Sections-498A, 323, 504 and 506 of Indian Penal Code, read with Section 3/4 of Dowry Prohibition Act, Police Station-Chakeri, DistrictKanpur Nagar, pending before Additional Chief Metropolitan Magistrate-I, Kanpur Nagar, whereby, a process has been issued against applicants in Criminal Case No. 40731 of 2017, arising out of Case Crime No.15 of 2017, under Sections 498-A, 323, 504 and 506 of Indian Penal Code, read with Section 3/4 of Dowry Prohibition Act, by the court Additional Chief Metropolitan Magistrate-I, Kanpur Nagar, whereas, the proceeding of above case was stayed in a previously instituted proceeding, under Section 482 of Cr.P.C., being Application U/S 482 No. 35095 of 2017, vide order, dated 2.11.2017. Hence, this Application, with above prayer.

¶6

Learned AGA has vehemently opposed this Application.

¶7

Admittedly, a proceeding, under Section 35095 of 2017, Siddiqui Isara Subhani and others vs. State of U.P. and another, is pending disposal before this Court and proceeding of trail was stayed, regarding present applicants, Aibad Ulla and Smt. Firdausiya. In the same case, this process was issued by order, dated 13.11.2019, on the ground that after lapse of six months, this stay order was not in operation as per mandate of Apex Court, connected with administrative order of this Court.

¶8

As a proceeding is already pending, hence, any

¶9

subsequent proceeding, for the same relief, is not liable to be entertained, rather an application ought to have been moved in previously instituted proceeding, regarding disobedience of stay order of this Court by the Trial court, concerned.

¶10

Hence, this Application stands disposed of accordingly . However, since record of above Application, Under Section 482 No. 35095 of 2017, has been summoned and the same is placed with this file, wherein stay order, regarding present applicants, is in operation, hence, impugned order of summoning by the Magistrate is being stayed, with a direction for placing above instituted Application U/S 482 No.35095 of 2017, before appropriate Bench, at the earliest, for passing order regarding earlier order, if any application is filed by the applicants in above case, and this order, passed today, shall remain operative, till the date any order is passed in previously instituted Application, on the application, filed by the applicants, within two weeks from today.

¶11

Order Date :- 21.1.2020/bgs/

Aibad Ulla and Anr. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Aibad Ulla and Anr. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Km. Anamika Sharma Vs State of Up and Another

Shiv Kumar Singh Vs State of U.P. and Another

Jyoti Prakash Pandey Vs State of U.P. and Another

Patalu Dubey Vs State of U.P. and Another

Ram Saran Das Vs State of Up and Another

Sukhvanti Devi and Another Vs State of U.P. and Another