ABDUL AZIZ Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two criminal miscellaneous applications nos. 943 of 1981 and 2783 of 1981 have been filed by Abdul Aziz applicant under section 482 Cr.P.C. against (1) the State of V.- P. (2)Moinuddin (3) Faiyaz Ahmad and (4) Abu Salim, opposite parties, with this difference that in the latter application no. Z7.83 of 1981 Sub-Divisional Magistrate, Azamgarh, has also been arrayed asopposite party no. 5.

(2.) Both these applications have arisen out of the same proceedings under section 145 and 146 Cr. P.C. Application No. 943 of 1981 was presented on 17.2.1981. Till then orders dated 9.12.1980 and 9.2.1981 had been passed by the learned magistrate. In this application prayer was made to quash the said two orders. Of course, added prayer was to meanwhile stay further proceedings in case no. 26/11 of 1980 pending in the court of Magistrate, Sadar. Azamgarh, under section 145 Cr. P.C. and also to stay the operation of the said two impugned orders dated 9.12.1980 and 9.2.1981.

(3.) Application No. 2783 of 1981 was presented on 12.6.1981 by which date the learned magistrate had come to pass further orders dated 24.2.1981, 26.2.1981, 27.2.1981 and 13.4.1981. The prayers made in this application were similar to those made in the earlier application No. 943 of 1981 with the difference that the four subsequent order dated 24.2.1981,26.2.1981,27.2.1981 and 13.4.1981 were added to the earlier two orders dated 9.12.1980 and 9.2.1981. The operation of the said six orders were sought to be stayed during the pendency of the application in this court along with the stay of further proceedings in the above-mentioned case before S.D.M Sadar, Azamgarh. Here it may also be noted that although in the earlier application No. 943 of 1981 there was no prayer to quash the proceedings under section 145 Cr. P.C. Yet in the second application No. 2783 of 198] this prayer was also added.