Allahabad High Court
Anuj vs State Of U.P. And 2 Others on 19 December, 2023
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:240553 Court No. - 89 Case :- APPLICATION U/S 482 No. - 8126 of 2022 Applicant :- Anuj Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Azaz Ahmad Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of S.T. No.1228 of 2015 arising out of Case Crime No.771 of 2015 (State vs.Anuj), under Sections 363, 366 I.P.C., P.S. Loni Boarder, District Ghaziabad, pending in the court of Additional Session Judge/Fast Track Court No.1, Ghaziabad.
3. First Application u/s 482 Cr.P.C. No.25399 of 2019 was filed by the applicant and Hon'ble Court by order dated 05.07.2019 passed interim order in favour of the applicant that till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case. Learned counsel for the applicant again filed present application u/s 482 No.8126 of 2022. When query was made from learned counsel for the applicant for this second 482 Cr.P.C. application, he states that in the first Application u/s 482 Cr.P.C., Court has proceeded in view of Supreme Court judgement in Asian Resurfacing of Road Agency Pvt.Ltd. and another vs. Central Bureau of Investigation.
4. Considered the argument of learned counsel for the applicant and learned AGA for the State. From the fact, it appears that the applicant has filed present application with the same prayer, which has been prayed in Application u/s 482 Cr.P.C. No.24399 of 2019. The earlier application filed under section 482 Cr.P.C. No.25399 of 2019 is pending. Interim order was granted. Now trial court has proceeded against the applicant in view of Supreme Court judgment in Asian Resurfacing of Road Agency Pvt.Ltd. and another vs. Central Bureau of Investigation. Therefore, applicant has filed present application. Second application for the same relief cannot be entertained. Applicant can raise his grievance in pending Application u/s 482 Cr.P.C.
5. Hence, in view of aforesaid observation, this second Application u/s 482 Cr.P.C. is not maintainable and is, accordingly, dismissed.
Order Date :- 19.12.2023 SKD