Allahabad High Court
Manoj @ Manoj Kumar And 2 Others vs State Of U.P. And Another on 8 February, 2021
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- APPLICATION U/S 482 No. - 17956 of 2020 Applicant :- Manoj @ Manoj Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hridai Narayan Sharma,Dinesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Ms. Seema Shukla, learned AGA submits that earlier also the applicants have approached this Court by means of Application U/s 482 Cr.P.C. No. 38977 of 2019 (Manoj @ Manoj Kumar & 2 others Vs. State of U.P. and another), which was dismissed by the Co-ordinate Bench of this Court vide order dated 31.10.2019. Hence, the present application is not maintainable and is liable to be dismissed.
The order dated 31.10.2019 passed in Application U/s 482 Cr.P.C. No. 38977 of 2019 is reproduced as under:
"Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash Special Session Case No. 157/19 arising of out of complaint case No. 33 of 2018, under Sections- 354, 504 and 506 I.P.C., and Section 7/8 of Protection of Children From Sexual Offences Act, 2012 Police Station- Farenda, District-Maharajganj, pending in the court of Additional Sessions Judge, Court No.1, Maharajganj.
It is contended by learned counsel for the applicants that earlier the Application u/s 482 No. 30197 of 2019 has been filed by the applicants which was finally disposed of by this Court vide order dated 5.8.2019 and subsequently, the parties entered into a compromise and application in this regard has been filed before the Sessions Judge -I District- Maharajganj this much is stated that the matter between the parties has been settled and the case will be quash on the basis of compromise. The compromise has not been annexed along with the present application.
The present application has been filed by the applicants for the same relief, the second application for the same relief is not at all maintainable.
The application lacks merit and is accordingly dismissed."
However, while filing the present application such material fact has not been disclosed by the applicants. Therefore, the applicants are not entitled to any benefit of the extra-ordinary remedy under Section 482 Cr.P.C. owing to their fault and conduct.Consequently, the present application is dismissed.
Order Date :- 8.2.2021/Lbm/-