V KRISHNAN AND Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) These two writ appeals are directed against the common order dated 27-3-2000 passed by the learned single Judge in W.P. Nos. 5245 and 5246 of 2000.

(2.) These appellants are husband and wife and they are arrayed as accused in C.C. No. 839 of 1999 on the file of Chief Judicial Magistrate, District Gothambooth Nagar, Noida, Uttar Pradesh. That criminal case originated pursuant to a complaint filed by one Dr. Purushothamlal and he alleged that these appellants have committed offences punishable under Ss. 420, 467, 468, 471, 506(2) of I.P.C. It appears that the Chief Judicial Magistrate, Noida, U.P. has taken cognizance and issued non-bailable warrant against these appellants. When these warrants issued against these appellants were about to be executed, the appellants filed criminal application before this Court and a learned single Judge of this Court was pleased to grant interim bail till 3-4-2000 and directed the appellants to appear before the Chief Judicial Magistrate at Noida on or before 3-4-2000 for further orders. These appellants had also moved for habeas corpus petition and the same was dismissed by a Division Bench of this Court.

(3.) In the present writ petitions the appellants have prayed for a writ of certiorari or any other order or direction in the nature of a writ, calling for the records connected with C.C. No. 839 of 1999 on the file of the Chief Judicial Magistrate, District Goothambooth Nagar, Noida, U.P. and quash the same. In the writ petition it is alleged that the de facto complainant Dr. Purushotham Lal had financial transactions with the company wherein the appellant-Maheswari Krishnan was the Managing Director and it is alleged in para 4 of the affidavit as follows :-