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Neutral Citation No. - 2025:AHC:65570 Court No. - 76 Case :- MATTERS UNDER ARTICLE 227 No. - 3679 of 2025 Petitioner :- Ramdayal Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Sanjai Kumar Singh Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. By means of instant writ petition, the petitioner has prayed for quashing or staying the effect and operation of the order dated 08.05.2024, passed by the learned Chief Judicial Magistrate, Kushinagar at Padrauna, in Case Crime No.0420 of 2023, registered under Sections 498A, 377, 323, 506 IPC read with section 3/4 of the Dowry Prohibition Act, 1961, Police Station Ramkola, District Kushinagar.
3. Learned counsel for the petitioner submits that on the basis of the complaint lodged by respondent no.5, the aforesaid case was registered. Pursuant to the registration of the FIR, the Investigating Officer issued notices to the petitioner. However, despite issuance of repeated notices, the petitioner did not cooperate with the investigation nor appeared before the Investigating Officer. Consequently, the Investigating Officer, having no option left, moved an application before the court seeking issuance of non-
bailable warrants. The learned Chief Judicial Magistrate, considering the facts and circumstances of the case, issued non- bailable warrants against the petitioner vide order dated
08.05.2024.
4. After hearing learned counsel for the petitioner and learned A.G.A. for the State, it is observed that that an accused is under a legal obligation to cooperate with the investigation process. In the present case, the petitioner has failed to justify his non- cooperation, and no cogent or satisfactory reason has been advanced before this Court to demonstrate any manifest illegality or irregularity in the impugned order passed by the Chief Judicial Magistrate. Therefore, this Court finds no ground to interfere with the impugned order.
5. The instant writ petition is devoid of merit and it is accordingly dismissed.
6. Needless to say, it is always open for the petitioner to appear before the Investigating Officer or the concerned court and cooperate with the investigation, as mandated under law. Any application moved before the court below seeking appropriate relief shall be considered on its own merits, in accordance with law. Order Date :- 23.4.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad