NARESH GROVER Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the complainant, learned A.G.A. for the State and perused the record.

(2.) Learned Metropolitan Magistrate, Court No.6, Kanpur Nagar by order dated 6th October, 2010, in Criminal Case No. 5921 of 2010 (State Vs. Naresh Grover and others) arising out of Crime No. 144 of 2008, under Sections 323, 504, 506, 406, 420, 447 I.P.C., P.S. Govind Nagar, District Kanpur Nagar, rejected the application under Section 239 Cr.P.C., preferred by the petitioner. The Criminal Revision No. 124 of 2011, preferred by the petitioner, was dismissed by Incharge Sessions Judge, Kanpur Nagar, on 26.04.2011. Both the aforesaid orders are under challenge in this writ petition.

(3.) The grievance of the petitioner is that earlier an application under Section 239 Cr.P.C. was filed by the petitioner, which was dismissed by the Metropolitan Magistrate, Court No.10, Kanpur Nagar, on 04.11.2009 on the ground that petitioner had not yet surrendered and his application for discharge was not maintainable at that stage. Subsequently, petitioner surrendered before the Magistrate and obtained bail and, thereafter, filed a fresh application under Section 239 Cr.P.C., which has now been rejected by the Magistrate on the ground that his previous application under Section 239 Cr.P.C. was dismissed.