"Court Is Functioning Under Compelling Circumstances":Allahabad HC Dismisses Husband's Plea To Quash FIR Filed For Causing Injuries To Wife With Cost [Read Order]

Update: 2020-10-13 11:48 GMT
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The Allahabad High Court recently dismissed a plea (filed by the husband to quash the FIR under Section 307 IPC for causing injuries to his wife by throttling her neck) with cost.The Bench of Justice Pankaj Naqvi and Justice Sanjay Kumar Pachori also expressed its anguish over the filing of this petition and noted that the Court was functioning under compelling circumstances wherein both Bar...

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The Allahabad High Court recently dismissed a plea (filed by the husband to quash the FIR under Section 307 IPC for causing injuries to his wife by throttling her neck) with cost.

The Bench of Justice Pankaj Naqvi and Justice Sanjay Kumar Pachori also expressed its anguish over the filing of this petition and noted that the Court was functioning under compelling circumstances wherein both Bar and Bench are putting their life at stake.

The Court further observed,

"This petition is sheer abuse of the process of the Court, which is liable to be dismissed with cost."

Thus, the writ petition was dismissed, but with cost of Rs.10,000/- which shall be collected by the Collector, Bulandshahar as land revenue, from the petitioner, i.e. Dharmendra, son of Kishanpal, resident of village Walipura, P.S. Kotwali Shahar, Bulandshahar within a month from the date of the order.

The office has been asked to do the needful. A compliance report has been instructed to be submitted by the Collector to the Registry of this Court within 2 months.

It may be noted that on account of COVID-19, a nationwide lock down was imposed on March 25, and soon thereafter, the Supreme Court, High Courts and subordinate courts had to move to virtual hearings.

Since then, across the country, courts at all levels have confined themselves to the hearing of urgent and important matters only.

Recently, the Allahabad High Court had denied the option to an Advocate for hearing via video conferencing, citing "high risk" of Covid-19 infection.

The Bench of Justice Vivek Agarwal told ASGI Sanjay Kumar Om that his request for virtual hearing cannot be allowed because the Computer Section of the High Court is the "high risk zone" for Covid-19 infection and hence no person from there can be allowed within the Court room/ chambers.

Click here to download the Order


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