9911796707
|
Home
Issues involved:
The legality and propriety of an order passed by the High Court of Allahabad in a disposed of Criminal Miscellaneous Writ Petition. Summary: Issue 1: Order passed by High Court in Criminal Miscellaneous Writ Petition No. 5426 of 2003 - The Appellant's marriage led to harassment and an F.I.R. against the 1st Respondent under various sections of the Indian Penal Code and Dowry Prohibition Act. - Family members of 1st Respondent approached the High Court seeking to quash the F.I.R., resulting in an order for monthly deposit and stay of arrest until investigation conclusion. Issue 2: Order passed by High Court in Criminal Miscellaneous Writ Petition No. 5877 of 2003 - 1st Respondent filed a similar petition seeking relief without involving the Appellant, leading to a stay of arrest until the investigation's conclusion. Issue 3: Challenge to Chief Judicial Magistrate's order - The Investigating Officer closed the investigation, but the Magistrate issued summons, challenged by 1st Respondent in Revision Petition No. 694 of 2004, leading to a dismissal with a stay of arrest. Issue 4: Appeal against High Court's order - The Appellant challenged the High Court's order allowing the 1st Respondent to deposit a monthly sum until trial conclusion, arguing against the interference with trial court's powers. Judgment: - The Supreme Court found the High Court erred in entertaining the application in a disposed writ petition and granting relief to the 1st Respondent, contravening established legal principles. - The Court criticized the practice of filing such applications post-disposal and emphasized the exceptional nature of High Court's jurisdiction under various legal provisions. - Ultimately, the appeal was allowed, setting aside the High Court's order and imposing costs on the 1st Respondent to be paid to the Appellant within a specified timeframe.
|
