This court dismissed a writ petition under Article 227 challenging the issuance of process by the Additional Chief Judicial Magistrate. The petitioner, father of an accused, argued that his property was under attachment; the court held he must cooperate with police.
Writ petition dismissed.
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Court No. - 65
Case :- MATTERS UNDER ARTICLE 227 No. - 320 of 2022
Petitioner :- Nanda Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Learned counsel for the petitioner assailing the illegality of the order dated 17.12.2021 whereby the Additional Chief Judicial Magistrate, Northern Railway, Varanasi has issued a processes to procure the attendance of Deep Narayan and others. The opposite party no. 4 is the father of Angad Verma who is one of the accused in the present Case No. 639 of 2004 is still at large, the process has been issued by the Judicial Officer to procure the attendance.
Contention raised by counsel is that property belonging to the petitioner is under process to be attached in pursuant to 82/83 Cr.P.C. The petitioner is father of Angad Verma and he himself has associated from his son these arguments is not tenable under the eyes of law being the father the petitioner is suppose to render fullest cooperation with the police to procure the attendance of Angad Verma otherwise I find no illegality or perversity in the order impugned.
Let this petitioner under article 227 of the Constitution of India devoid of merit is accordingly, dismissed.
Order Date :- 28.3.2022 Vikram
Digitally signed by VIKRAM SINGH Date: 2022.04.01 11:12:37 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Writ Petitioner's challenge to the issuance of process against him under Cr.P.C. 82/83 is tenable.
Nanda
State Of U.P.
Opposite Party No. 4
Other Respondents
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
