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Lower court order on Tripathi set aside
Lucknow, Dec 08: In a setback to former Uttar Pradesh minister and accused in poetess Madhumita Shukla murder case Amarmani Tripathi, the Lucknow bench of the Allahabad High Court today set aside a lower court order allowing him to attend the ongoing session of the state assembly.
Lucknow, Dec 08: In a setback to former Uttar Pradesh minister and accused in poetess Madhumita Shukla murder case Amarmani Tripathi, the Lucknow bench of the Allahabad High Court today set aside a lower court order allowing him to attend the ongoing session of the state assembly.
Justice Y R Tripathi passed the order on a petition of the CBI challenging the lower court's order on November 10.
Tripathi, who is currently in jail in judicial custody after being arrested by the CBI in connection with the case, was allowed to attend the assembly by special judicial magistrate (CBI) R M Yadav.
The CBI, which was investigating the case, had challenged the lower court's order pleading that it could hamper investigation.
"Considering the facts and circumstances of the case as also the stage of investigation, I am of the definite view that the order (of the lower court) if allowed to exist, shall have baleful impact on the investigation resulting in abuse of the process of the court," Justice Tripathi observed in his order.
In order to secure the ends of justice, the lower court order has to be made non-existent, the court further observed.
Amarmani Tripathi is the prime accused in the poetess Madhumita murder case. Bureau Report
Tripathi, who is currently in jail in judicial custody after being arrested by the CBI in connection with the case, was allowed to attend the assembly by special judicial magistrate (CBI) R M Yadav.
The CBI, which was investigating the case, had challenged the lower court's order pleading that it could hamper investigation.
"Considering the facts and circumstances of the case as also the stage of investigation, I am of the definite view that the order (of the lower court) if allowed to exist, shall have baleful impact on the investigation resulting in abuse of the process of the court," Justice Tripathi observed in his order.
In order to secure the ends of justice, the lower court order has to be made non-existent, the court further observed.
Amarmani Tripathi is the prime accused in the poetess Madhumita murder case. Bureau Report