HARUN SHEIKH Vs. STATE & ANR

JUDGEMENT

(1.) By this petition, the petitioner seeks quashing of FIR No.235/2017 under Sections 224/225/34 IPC registered at PS Farsh Bazar. This is the second petition filed by the petitioner seeking quashing of the above noted FIR. This Court vide order dated 31st January, 2018 dismissed the writ petition being W.P. (Crl.) No.2006/2017 filed by the petitioner as under:-

(2.) Contention of learned counsel for the petitioner in this petition is that the advocate who appeared on 31st January, 2018 was not authorized to argue the matter and thus second petition seeking quashing of the abovenoted FIR is maintainable.

(3.) Though the present petition is barred by res judicata and as noted above the learned counsel who appeared was heard at length, however, still this Court has heard learned counsel for the petitioner. The contentions raised by learned counsel for the petitioner are that firstly no offence under Sections 224/225/34 IPC is made out; secondly, the learned Metropolitan Magistrate could not have issued directions in violation of the decision of the Supreme Court in Priyanka Srivastava & Anr. vs. State of U.P. & Ors., (2015) 6 SCC 287 and thirdly, the Magistrate could not have issued directions since the offence related to outside his territorial jurisdiction.