AROOP SHANKAR DAS Vs. STATE

JUDGEMENT

(1.) Learned counsel for the petitioners is present.

(2.) Submission made by learned counsel for the petitioners as well as perusal of documents, more particularly, certified copy of the order sheet in Criminal Petition No. 4308/2018 at page 37 of the petition and certified copy of the order sheet in Criminal Petition No. 5524/2018 at page 40 of the petition as well as office note made by the office clearly go to show that present petitioners had earlier filed two criminal petitions in Criminal Petitions No. 4304/2018 and 5524/2018 for the same relief in the same crime and both those petitions were dismissed based on the memo for withdrawal filed by the petitioners.

(3.) It is also seen from the office note that the petitioners have already approached this Court thereafter once again and have filed Criminal Petition No. 2116/2019 under section 439 of Criminal Procedure Code, 1973, [hereinafter referred to as 'Cr.P.C.', for brevity] in the same crime for the same relief and the said matter has been admitted on 29.03.2019. Thus, there is already a similar petition filed by the same petitioners pending before this Court and has recorded progress to the next stage in the hearing of the matter. As such, the present petition filed by the very same petitioners for the same relief during the pendency of similar petition in Criminal Petition No. 2116/2019 is not maintainable.