The High Court rejected the applicant's application to quash an order of issuance of bailable warrant, upholding the trial court's reliance on Supreme Court precedent. The dismissal would not affect pending interim order applications.
Application to quash the order of bailable warrant was rejected.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 8304 of 2023
Applicant :- Smt. Urmila Devi And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brajendra Kumar,Naresh Kumar Pal Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the order issuing bailable warrant dated 06.01.2023 passed by the Additional Civil Judge (Junior Division)/ Judicial Magistrate, Court No. 01, District Jhansi in Criminal Case No. 446 of 2017, arising out of Case Crime No. 015 of 2016, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Jhansi.
Since the trial Court has proceeded on the basis of the law laid down by the Hon'ble Supreme Court in Asian Surfacing of Road Agency Pvt. Ltd. and another v. Central Bureau of Investigation, 2018 SCC Online 310 , there is no occasion to set aside the impugned order of bailable warrant passed by the court below.
The application being devoid of merits is hereby rejected.
However, dismissal of this application will not preclude the applicant from moving appropriate application for extension of interim order passed in Application U/S 482 No. 11558 of 2017.
Order Date :- 25.4.2023 SKT/-
Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should quash the order issuing bailable warrant in the instant criminal case.
Colour shows how this judgement treated each authority
Asian Surfacing of Road Agency Pvt. Ltd. and another v. Central Bureau of InvestigationReferred¶7
Asian Surfacing of Road Agency Pvt. Ltd. and another v. Central Bureau of Investigation, 2018 SCC Online 310 · Who else cites this
Smt. Urmila Devi And 4 Others
State of U.P.
Vivek Varma
As recorded by the court registry
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