Court No. - 85

Case :- APPLICATION U/S 482 No. - 20766 of 2022

Applicant :- Ashish Kaushik And Another

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Abhishek Bhushan,Adarsh Bhushan

Counsel for Opposite Party :- G.A.

Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the applicants, learned A.G.A. for the

State and perused the material on record.

The present application under Section 482 Cr.P.C. has been

filed for quashing the bailable warrants order dated 03.03.2021

passed by learned Chief Judicial Magistrate, Jalaun at Orai in

Complaint Case No. 297 of 2002 (Ramakant Pathak Vs. Ashish

Kaushik and another) under Section 406, 498A I.P.C. and

Section 6 of Dowry Prohibition Act, 1961, District Jalaun.

Perusal of the record shows that the opposite party no.2 filed a

complaint in the year 2002 being its Complaint Case No. 297 of

2002 (Ramakant Pathak Vs. Ashish Kaushik and another), in

which the applicants were summoned vide order dated

31.02.2002 against which criminal revision no.194 of 2003 was

filed before the learned revisional Court, which was dismissed

vide Judgement and order dated 03.09.2003. Being aggrieved

by the aforesaid orders, the applicants filed a Criminal Misc.

Writ Petition No. 6004 of 2003 (Ashish Kaushik and another

Vs. State of U.P. and others), in which interim order was

granted vide order dated 14.10.2003 but the said writ petition

was dismissed in default vide order dated 19.04.2012. After a

lapse of more than eight years, a recall/restoration application

was filed for recalling the order dated 19.04.2012, which is

pending consideration.

On the other side, the opposite party no.2, filed a criminal Misc.

482 Cr.P.C. Application No. 17587 of 2021 (Ramakant Pathak

Vs. State of U.P. and others) for expediting the trial of the

aforesaid case, which was disposed of vide Judgement and

order dated 22.04.2022 with a direction to the concerned Court

below to consider and decide the trial of aforesaid case within a

period of one year. In the meantime, the Court below proceeded

with the case and had issued bailable-warrants of Rs. 15,000/-

vide order dated 03.03.2021.

Furthermore, on one hand, the recall application is pending

consideration before the Writ Court and on the other hand, the

instant application under Section 482 Cr.P.C. has been filed for

quashing the bailable-warrants order dated 03.03.2021 and in

the opinion of the Court that when the matter is subjudice

before the writ Court, thus the relief sought by the applicants in

the instant application is not maintainable.

In view of above, the instant application lacks merits and is

dismissed.

Order Date :- 30.8.2022

S.Ali

Digitally signed by SHAUKAT ALI

Date: 2022.09.02 17:11:42 IST

Reason:

Location: High Court of

Judicature at Allahabad