Ajay Kumar Nahar and Another Vs State of U.P. and Another

Court No. - 90

Case :- MATTERS UNDER ARTICLE 227 No. - 800 of 2022

Petitioner :- Ajay Kumar Nahar And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Satish,Raj Kumar Gupta Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Learned counsel for the petitioners is present.

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By invoking jurisdiction under Article 227 of the Constitution of India through this writ petition learned counsel for the petitioners has prayed to set aside the order dated 03.02.2021 passed by the Chief Judicial Magistrate, Mau in Case No. 2180 of 2017 (State Vs. Ajay Nahar & others) under Sections 504, 506 I.P.C. and 3 (1) (10) of SC/ST Act arising out of Case Crime No. 1847 of 2016 Police Station Kotwali Mau, District Mau.

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By the impugned order dated 03.02.2021 the lower court has issued bailable warrants Rs. 10,000/- against the present petitioners. As the power of the Court under Article 227 of the Constitution of India is a power, which should be used sparingly only in such an appropriate cases, where it manifestly appears that there is a legal bar against the institution or continuance of the criminal proceedings. The petitioners have come here against the bailable warrants issued against them on 03.02.2021. The petitioners have an alternative statutory remedy of moving before the trial court. Hence, in my opinion, this Court is not proper forum to set aside the bailable warrants. The equally efficacious relief available to the petitioners is to appear before the court below and get these warrants recalled. The writ petition has no force and is liable to be dismissed.

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The writ petition is, therefore, dismissed

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Order Date :- 21.2.2022 gp

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Digitally signed by GANESH PRAKASH Date: 2022.02.22 18:07:41 IST Reason: Location: High Court of Judicature at Allahabad

Ajay Kumar Nahar and Another v. State of U.P. and Another

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Ajay Kumar Nahar and Another v. State of U.P. and Another

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