MAHENDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of these two petitions, (and a third one No. 950 of 2001 (Old No. 4435 of 1998)), moved under Section 482 of Code of Criminal Procedure, 1973 (for brevity herein after referred as Cr. P. C.). the petitioners have sought quashing of the order dated 14-9-1998. passed by learned Additional Chief Judicial Magistrate. Roorkee, District Haridwar. in case crime No. 70A of 1998, State v. Mahendra and others, whereby the said Court summoned the petitioners as accused after rejecting the final report, submitted by the investigating agency and accepted the protest petition, filed by the respondent/complainant- Rifaqat, s/o. Munna. The petitioners have further prayed that the final report be accepted and protest petition be rejected. The facts relating to all the petitions are same and strangely same petitioners have sought same relief again and again. Earlier on 4-3-2006, this Court passed following order on criminal misc. application No. 950 of 2001 (old No. 4435 of 1998) :- 4-3-06. It is very strange that two petitions i.e. Criminal Misc. Application No. 950 of 2001 (Old No. 4435 of 1998) and Criminal Misc. Application No. 953 of 2001 (Old No. 4279 of 1998) have been filed arising out of the same impugned order. C-482 No. 950 of 2001 was filed on 12-10-1998 in which the petitioners could not get the stay. Thereafter, the petitioners have again filed a petition against similar order and in the second petition the petitioners got success in obtaining stay order. Thus, the petitioners have concealed the fact from the Court that the second petition has been filed while the first petition is pending for disposal. Therefore, Criminal Misc. Application No. 950 of 2001 (Old No. 4435 of 1998) and Criminal Misc. Application No. 953 of 2001 (Old No. 4279 of 1998) are misconceived and liable to be dismissed as such. Therefore, both the petitions i.e. Criminal Misc. Application No. 950 of 2001 (Old No. 4435 of 1998) and Criminal Misc. Application No. 935 of 2001 (Old No. 4279 of 1998) are hereby dismissed. Sd/- J. C. S. Rawat, J. 4-3-2006.

(2.) It appears that above order dated 4-3-2006. was challenged by the petitioners before Hon'ble Supreme Court. The Apex Court passed the following order on 9-1-2007 in criminal appeal No. 34 of 2007 arising out of Special Leave to Appeal (Criminal) No. 2893 of 2006, Mahendra and others v. State of Uttaranchal and others (2007 AIR SCW 765) :-

(3.) In compliance of the order passed by the Apex Court, quoted above, the petition No. 953 of 2001 (re-numbered as No. 128 of 2007) (Allahabad High Court Old No. 4279 of 1998) stood restored. However, on 23-3-2007, when this case was taken up, after hearing the parties, in view of the fact that it is a case of triple murder, it is clarified that Allahabad High Court's interim order dated 23-12-1998, is not extended further and it is further clarified that trial Court may proceed with the case.