Held bailable warrant issued against applicant contrary to earlier order staying coercive action; application disposed without entertaining pleader on maintainability. Nil relief granted.
Bailable warrant kept in abeyance as contrary to earlier order; no separate order on quashing criminal case or chargesheet.
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Court No. - 74
Case :- APPLICATION U/S 482 No. - 1374 of 2020
Applicant :- Radha Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ambreesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
This Application, under Section 482 of Cr.P.C., has been filed by the applicant, Radha Devi, with a prayer for quashing of the bailable warrant, worth Rs.10,000/-, issued against the applicant, vide order date 11.12.2019, as well as chargesheet, dated 17.10.2018, alongwith, cognizance taking order, dated 12.03.2019, in Case No.833 of 2018 (State vs. Durgesh), arising out of Case Crime No.0517 of 2018, under Sections 498-A, 323 and 504 of Indian Penal Code, read with Section 3/4 of Dowry Prohibition Act, Police Station-Dibiyapur, District Auraiya, pending before the Chief Judicial Magistrate, Auraiya.
Another Application, being Application U/S 482 No. 21457 of 2019, has already been filed by the applicants, wherein, present applicant was also an applicant, with same prayer, regarding setting aside of chargesheet and criminal case, as above, which is still pending. Hence, second proceeding for the same relief is not maintainable.
So far as prayer for setting aside of bailable warrant is concerned, it is apparent that, in the previously instituted proceeding, attached with this file, there is an order for taking no coercive action against applicants till listing of above application and since then said application was not listed. Hence, any order of issuing bailable warrant or taking coercive action by the Trial court, concerned, is against direction of this Court, already given in previously instituted Application, under Section 482 of Cr.P.C.
Hence, so far as prayer, with regard to quahsing of chargesheet and criminal case is concerned, this Application is not maintainable. However, since in the previously instituted Application, under Section 482 of Cr.P.C., there is already an order of not
taking coercive action is operating in favour of the applicant, Radha Devi, hence, Bailable warrant issued against the present applicant is against the order of the Court, passed in earlier institution Application, under Section 482 of Cr.P.C., and as such, same shall be kept in abeyance.
This Application stands disposed of accordingly. Order Date :- 28.1.2020 bgs/
1 provisions across 1 enactments
Radha Devi
Ram Krishna Gautam
As recorded by the court registry
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