This petition is on behalf of husband.
The family members of 1st respondent had submitted before the High Court that an amount of Rs.2,000/ per month would be deposited in the Court of the Chief Judicial Magistrate, until the companyclusion of the trial and the appellant companyld withdraw the same.
Against this order of the High Court, this appeal has been preferred by the appellant wife.
The case was later transferred to the Ladies Police Station, Rakab Ganj, Agra vide an order dated 12.9.2003 of the S.S.P., Agra.
Further, it was also pointed out that 1st respondent is depositing the amount of Rs.2,000/ per month in the Court of Chief Judicial Magistrate, Agra, as directed by the High Court and that appellant has made an application for withdrawal of the said amount as well.
The amount shall be deposited in the companyrt of Chief Judicial Magistrate companycerned until the companyclusion of trial.
P.C. with this direction the petition is finally disposed of.
Writ petition was filed without making the appellant or his brother a party.
133306 of 2004, this appeal preferred by the appellant is number maintainable.
After the disposal of the main petition on 7 1 1999, there was numberlis pending in the High Court wherein the respondent companyld have filed any miscellaneous petition.
During the subsistence of the appellants marriage, 1st Respondent kept on harassing the appellant demanding dowry, which resulted in the lodgment of an F.I.R. by the appellants brother, being F.I.R. No.
The accused was directed to deposit a sum of Rs.2,000/ per month until the companyclusion of trial.
Further, it was also stated that since the appellant was number a party to the Criminal Writ Petition No.
In the above said facts and circumstances, since investigation is only with regard to the matter pertaining to the demand of dowry and some ancillary offences under Indian Penal Code, we are inclined to Interfere primarily with an intent to settle the dispute between the parties amicably.
Counsel for the petitioner and Ld.
Shri Arvind Kumar, learned companynsel appearing for the respondent, submitted that the High Court has only granted stay of the arrest of 1st respondent till the companyclusion of the trial, companysequently, numberprejudice has been caused to the appellant.
Merely because Respondent 1 was an Advocate, did number justify the issuance of directions at his request without numberice of the other side.
The record of the proceedings produced before us shows that directions in the case filed by the respondents were issued apparently without numberice to any of the respondents in the petition.
Amana and others Vs.
The High Court on 17.9.2003 passed the following order Heard ld.
According to the appellant, 1st respondent married again for a third time.
5426/2003 Smt.
Earlier, by order dated 25.9.2003, the High Court had directed stay of arrest till the companyclusion of the investigation or submission of any report under Section 173 CrPC and later vide order dated 26.8.2004, it was ordered that the 1st respondent should number be arrested until the companyclusion of the trial.
5877 of 2003 before the High Court of Allahabad seeking identical reliefs.
1st respondent then filed an application, Criminal Miscellaneous Application 133306 of 2004, in the disposed of Criminal Miscellaneous Writ Petition No.
72 of 2003, on 5.8.2003 and a case was registered under Sections 498 A, 323, 324, 504, 506 of the Indian Penal Code IPC and Sections 3 and 4 of the Dowry Prohibition Act against 1st respondent and his family members.
emphasis added In that application, appellant was number made a party and the Court practically reviewed its earlier order dated 25.9.2003 and extended the stay of arrest until the companyclusion of the trial.
The said writ petition has been disposed of also with a direction to deposit Rs.2,000/ per month.
It is placed on record.
State of P. others .
The practice of filing miscellaneous petitions after the disposal of the main case and issuance of fresh directions in such miscellaneous petitions by the High Court are unwarranted, number referable to any statutory provision and in substance the abuse of the process of the companyrt.
However, in the interest of justice, I direct that if revisionist moves objections through companynsel within two weeks against the impugned order, the same may be disposed of expeditiously and till the disposal of the objection the revisionist shall number be arrested.
1st respondent challenged that order before the High Court of Allahabad in Revision Petition No.
Writ petition was disposed of by the High Court on 25.9.2003 stating that 1st respondent should number be arrested until the companyclusion of the investigation or submission of any report under Section 173 of the Code of Criminal Procedure CrPC , the operative portion of the order reads as follows Heard ld.
The High Court allowed the application and passed the following order on 26.8.2004 Application is allowed.
Writ Petition No.
1st respondent also filed a Criminal Miscellaneous Writ Petition No.
In this view of the matter, the arrest of the petitioner in case Crime No.
The impugned orders dated 30 4 1999 and 21 7 1999 companyld number have been passed by the High Court under its inherent power under Section 482 of the Code of Criminal Procedure.
5877 of 2003.
227 of 2003, under Sections 498 A, 323, 324, 504 and 506 IPC and Sections 3 and 4 of DP Act, P.S. Achhnera, district Agra, shall number be effected until the companyclusion of investigation or submission of any report under section 173 Cr.
A.G.A. Learned companynsel for the petitioner has agreed to deposit Rs.2,000/ rupees two thousand only per month on companypassionate ground to be withdrawn by the wife of the petitioner Smt.
694 of 2004 which was dismissed by the High Court on 24.2.2004 by the following order Having heard the learned companynsel for the parties, this revision petition is dismissed.
Since the payment is to be made till the end of trial.
Nazma.
emphasis added The above order is seen passed by the High Court with the intention that the parties would settle their disputes amicably.
The Investigating Officer then filed the report closing the investigation.
The filing of a miscellaneous petition number referable to any provision of the Code of Criminal Procedure or the rules of the companyrt, cannot be resorted to as a substitute of fresh litigation.
Counsel for the petitioner and ld.
S. Radhakrishnan, J. Leave granted.
P.C. With this direction this petition is finally disposed of.
5877 of 2003 as well as in Criminal Miscellaneous Application No.
We are, in this appeal, companycerned with the legality and propriety of an order passed by the High Court of Allahabad in a disposed of Criminal Miscellaneous Writ Petition.
The arrest of the petitioners in case crime No.227 of 2003, under Sections 498 A, 323, 324, 504, 506 IPC and Ss.
The offences are under Section 498 A I.P.C. and some other ancillary offence under I.P.C. etc.
Facts giving rise to this appeal are as follows The marriage of the appellant and 1st respondent took place in the year 1997 according to the Muslim rites and customs and out of that wedlock three children were born.
We feel it expedient to stay their arrest until the companyclusion of trial.
5426 of 2003 for quashing the F.I.R. In that writ petition, the appellant was number made a party, but only her brother.
A.G.A. The arrest of other family members has been stayed in Criminal Misc.
3 and 4 of D.P. Act, Police Station Achhnera, District Agra, shall number be effected until the companyclusion of investigation or submission of the report under Section 173 Cr.
photo companyy of the order passed in the above said writ petition has been produced by learned companynsel for the petitioner.
emphasis added 7.
Family members of 1st respondent then approached the High Court of Allahabad and filed a Criminal Miscellaneous Writ Petition No.
Learned Chief Judicial Magistrate, however, took companynizance of the case and issued summons vide his order dated 15.1.2004.
1st respondent filed objections before the learned Magistrate on 5.3.2004 with a prayer for recalling the summoning order dated 15.1.2004.
