AKASH KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr. Vivek Kumar Singh for the petitioners and the learned AGA for the State and perused the record.

(2.) THIS petition has been filed under section 482 of the Code of Criminal Procedure (in short 'the Code') for quashing the proceedings of the session trial no. 1058A of 2000, State vs. Akash Kumar Sharma and others, pending in the court of Additional Sessions Judge, Court No.3, Meerut.

(3.) IN my opinion, the present petition does not appear to be maintainable in view of the fact that the first petition filed on behalf of the petitioners has already been dismissed by this Court on merits. At the time of dismissal of the first petition, the acquittal judgment was available, therefore, the petitioners could very will press the aforesaid ground (ground of acquittal of co-accused) while pressing the first petition but they did not do so, therefore, they can not be permitted to file a fresh petition for quashing the proceedings of the session trial no. 1058A of 2000.