June 19, 2019:
Supreme Court has this year granted stay on the order passed by the High Court which was really based upon the consent given by the counsel for accused persons.
A bench of Justice Nariman and Justice Saran has passed the order in the case titled as ANSHU AGGARWAL vs STATE on 22.02.2019.
In a Cruelty case, the Metropolitan Magistrate considered the question of charge, by her order dated 21.03.2015, and found charge for offence under Section 498A IPC made out against all. The aforesaid order was challenged before the court of sessions in Rev. Nos. (CR. No. 02/2015 and 03/2015). By common order dated 11.01.2016, while upholding the order framing charge against Anil Aggarwal and Ramphal Aggarwal, the revisional court directed discharge of the respondents herein, they being four sisters of the husband of the complainant and husband of two of them, the observation being that the allegations against them were improbable.
When the matter reached the High Court, it noted "After some hearing, the learned counsel representing the respondents, having taken instructions, fairly conceded that charge is made out against the respondents on the basis of available material for they to be put on trial for offences under Section 498A/34 IPC which only is pressed by the State".
Then the High Court proceeded to set aside the impugned order saying "Thus, with the consent of the respondents, the petition is allowed. The impugned order of the court of sessions directing discharge of the respondents is set aside. The order dated 21.03.2015 of the Metropolitan Magistrate directing charge to be framed against the respondents is restored and revived. The proceedings against the respondents shall also be taken up in the ongoing trial against the other co-accused by appropriate further proceedings including formal charges being framed and plea of accused thereupon recorded".
The order of the High Court has been challenged in the Supreme Court. Now the Supreme Court has granted stay as "In the meantime, there shall be stay of the impugned order passed by the High Court".
Read the High Court Order here:
Read the Supreme Court Order here:
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