Vivek Pandey vs State Of U.P. And Another
2016 Latest Caselaw 4202 ALL

Citation : 2016 Latest Caselaw 4202 ALL
Judgement Date : 13 July, 2016

Allahabad High Court

Vivek Pandey vs State Of U.P. And Another on 13 July, 2016

Bench: Kaushal Jayendra Thaker




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- APPLICATION U/S 482 No. - 19464 of 2016
 

 
Applicant :- Vivek Pandey
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Kamal Dev Rai
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Kaushal Jayendra Thaker,J.

At this stage the matter requires consideration even under Section 482. The allegations made by applicant, prima facie, appears to be valid. Respondent No.2 - Smt. Rubi Prasad, wife of Dr. Yogeshwar Prasad, who is sitting M.L.A., is represented by Sri Indra Dev Mishra. It is deplorable that the learned Judge issued non-bailable warrant at the first instance. When this Court felt agitated about this procedure adopted by Judicial Magistrate, Sonbhadra, a statement has been made by learned Counsel for respondent No.2 that non-bailable warrant be stayed. The same is stayed.

Further investigation is also stayed. Respondent No.2 may file counter-affidavit. State may also file counter-affidavit as to what is progress on the complaint made by the present applicant against M.L.A., who is alleged not belong to SC/ST community.

The matter be placed before the Acting Chief Justice to call for explanation from the concerned Judge as to how at the first instance he has issued non-bailable warrant just on the complaint of M.L.A. of the ruling party.

List the matter in due course.

A certified copy of this order be supplied to learned A.G.A. for onwards transmission.

Order Date :- 13.7.2016

Irshad