VINOD Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Pawan Kumar, learned counsel for the applicants, Mr. Arun Kumar Tripathi, learned counsel for the complainant/opposite party no.2 and learned A.G.A. for the State.

(2.) By means of this application under Sec. 482 Cr.P.C., the applicants have made a prayer for quashing the impugned charge-sheet dtd. 4/6/2020 and summoning order dtd. 16/9/2020 in Criminal Case No. 3297 of 2020 arising out of Case Crime No. 106 of 2020 (State Vs. Vinod & Others) under Ss. 323, 504, 506, 325, 308 I.P.C. pending in the Court of Chief Judicial Magistrate, Maharajganj.

(3.) At the out-set on the matter being taken up, learned counsel for the complainant / opposite party no. 2 raises preliminary objection that the applicants have not come with clean hands before this Court as the averment made in paragraph no.2 of the affidavit filed in support of this application "that this is the first application on behalf of the applicants before this Court" is totally incorrect and false. In support of his submission, he pointed out that earlier the applicants had preferred an application under Sec. 482 Cr.P.C. No. 1982 of 2021 through Mr. Sumit Kumar Srivastava, advocate challenging the charge-sheet dtd. 4/6/2020, cognizance order dtd. 16/9/2020 as well as the entire proceedings of the aforesaid case no. 3297/2020. In the said application the applicant no1(Vinod) was the deponent. The said application was disposed of vide order dtd. 29/1/2021 declining to quash the proceedings of the aforesaid case before the concerned court below with further direction that applicants shall appear before the court below within 30 days and for a period of 30 days interim protection was granted to the applicants. It is further pointed out that the said order dtd. 29/1/2021 has not been complied with by the applicants and thereafter they filed another application under Sec. 482 Cr.P.C. No. 12919 of 2022 through Mr. S.K.Tiwari advocate challenging the non bailable warrant dtd. 3/1/2022, 9/3/2022 and 19/4/2022 issued against them, in which the applicant no-2 (Dinesh) is the deponent and the said application is still pending before this Court. During pendency of the aforesaid second application, the applicants have again preferred the instant third application under Sec. 482 Cr.P.C.through Mr. Pawan Kumar advocate, with the prayer to quash the charge-sheet dtd. 4/6/2020 and summoning order dtd. 16/9/2020 as well as entire proceedings of aforesaid case without disclosing the fact of filing aforesaid two applications.