INDRA DEVI Vs. STATE OF U. P.

JUDGEMENT

(1.) Applicants (Accused) had filed this application under Sec. 482 Code of Criminal Procedure for quashing of the Complaint Case No. 144 of 2008; titled Patharu vs. Radhey Shyam and others, instituted by opposite party no. 2 for alleged commission of offences punishable under Ss. 323, 504, 506, 452, 427 IPC, Police Station Phoolpur, District Azamgarh as well as the summoning order dtd. 26/11/2008 passed by the Judicial Magistrate, Azamgarh.

(2.) Learned counsel for the opposite party no. 2 has raised a preliminary objection relating to the maintainability of the petition, as the previous petition filed by the applicants-accused for the similar relief bearing Criminal Misc. Application No. 857 of 2009; titled Radhey Shyam and 5 others vs. State of U.P. and another, was dismissed by this Court on 29/1/2009. In this regard, he has invited the attention of the Court to the said order appended with the counter affidavit filed by opposite party no. 2.

(3.) It is submitted by learned counsel for the opposite party no. 2/complainant that the accused have deliberately concealed their previous unsuccessful attempt before this Court, and again filed the similar petition seeking quashing of the complaint, and vide order dtd. 17/9/2010 passed by this Court, further proceedings before the trial court were stayed.