SHAMBHU NATH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri V.P.Srivastava, learned Senior Advocate assisted by Sri Lav Srivastava and Sri Vijay Shanker Mishra, learned counsel for the applicants , Sri B.R.Sharma and Shri A.K.Srivastava, learned counsel appearing on behalf of the opposite party no.2 and learned AGA and have been taken through the record.

(2.) BY means of the third application under section 482 Cr.P.C. the applicants have again approached this Court with the same prayer to quash the proceedings of the Criminal Case No. 651 of 2005 arising out of Case Crime No. 198 of 2003 (State of U.P.Vs. Suraj Bhan and others) pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Meerut for the offence punishable under Sections 420, 467, 468, 471, 406 and 120-B I.P.C. registered at police station Medical, District Meerut . It is congruous to demonstrate that after taking cognizance by the learned Magistrate in the aforesaid case , the applicants including Shambhoo Nath ( who is arrayed as applicant no.1) and has died approached this Court by means of Criminal Misc. Application No.3536 of 2004 praying for the same relief which is incorporated in the present application and all the identical grounds which have been taken in the present application were urged and advanced in the aforesaid application. The another Bench of this Court vide order dated 7th May 2004 disposed of the aforesaid application . The order dated 7th May 2004 passed by Hon'ble Mr.Justice R.C.Deepak disposing of the aforesaid application is delineated hereunder :-

(3.) THE operative part of the aforesaid order dated 7.5.2004 was only transcribed in the second application under section 482 Cr.P.C. and the same was also placed and argued before Hon'ble the Apex Court while challenging the order dated 29.5.2012 passed by this court in second Criminal Misc. Application No. 18442 of 2005 under section 482 Cr.P.C. At the cost of repetioin in the second application under section 482 Cr.P.C. also the same prayer for quashing the proceedings of Criminal Case No. 651 of 2005 was made along with the order dated 26.11.2005 passed by the trial court after the first Criminal Misc. Application No. 3536 of 2004 under section 482 Cr.P.C was disposed of .