Allahabad High Court
Indrawati & Others vs State Of U.P. & Another on 12 August, 2010
Author: S.C. Agarwal
Bench: S.C. Agarwal
Court No. - 50 Case :- CRIMINAL REVISION No. - 3178 of 2010 Petitioner :- Indrawati & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Kalim Uddin Respondent Counsel :- Govt. Advocate Hon'ble S.C. Agarwal,J.
Heard learned counsel for the revisionists and learned A.G.A. for the State.
This revision is directed against the order dated 15.7.2010 passed by Chief Judicial Magistrate, Fatehpur in criminal case no.4400-A of 2006.
It was contended by the learned counsel for the revisionists that the proceedings in criminal case no.4400 of 2006 under sections 302, 201, 120-B IPC, PS Bindki pending in the Court of Chief Judicial Magistrate, Fatehpur were stayed by orders passed in criminal misc. application no.10978 of 2006 vide order dated 13.9.2006. Despite the stay orders, learned Magistrate separated the case of the revisionists Indrawati, Mona, Roopa and Brij Rani and issued non-bailable warrants and process under section 82, 83 Cr.P.C. against them and committed the case of other co-accused to Court of Sessions. Order-sheet of 25.6.2010 reveals that Chief Judicial Magistrate was aware of the orders passed by this Court staying the proceedings.
Despite proceedings being stayed, issuing coercive process against the revisionists and committing the case of other co-accused to the Court of Sessions amounts to gross contempt of Court.
Chief Judicial Magistrate, Fatehpur is directed to personally appear before this Court on 30th August, 2010 to explain his conduct.
Put up this case on 30th August, 2010 as unlisted.
Till 30th August, 2010, the impugned order dated 15.7.2010, issuing coercive process against the revisionists, is stayed in its entirety.
The Office is directed to send a copy of this order to Chief Judicial Magistrate, Fatehpur through District Judge, Fatehpur by means of Fax within three days.
Order Date :- 12.8.2010 ss