MAHARAJDEEN Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this application under Section 482 CrPC, the applicants have prayed for quashing of the criminal proceedings of Case No.1515/2007 arising out of Crime No.563/2006 under Sections 419, 420, 467, 468, 471, 323, 504, 506 IPC relating to P.S. Kotwali City, District Gonda. The applicants have further prayed for quashing of the order dated 17.02.2007, whereby the learned Magistrate has taken cognizance. They have further prayed for quashing of the order dated 25.04.2014 passed by Additional Session Judge, Court No.2, Gonda, whereby the criminal revision No.426/2013 has been dismissed.

(2.) I have heard learned counsel for the parties and have pursued the record.

(3.) IT has been submitted by the learned counsel for the applicants that the applicants had earlier approached this Court by way of filing Writ Petition No.132 (MB) of 2007 for quashing of the FIR in which the arrest of the applicants was stayed. After filing of the charge -sheet by the police, the applicants moved an application under Section 482 CrPC for quashing of the charge -sheet together with the cognizance order in which an interim order was passed staying further proceedings of Case Crime No.563/2006. The aforesaid application under Section 482 CrPC was finally heard and decided on 18.10.2011 directing the applicants to move discharge application before the court concerned through counsel within thirty days and directing the Court to hear and dispose of the discharge application in accordance with law. It was further provided that till disposal of the discharge application, no coercive action shall be taken against the applicants. The submission on behalf of the applicants is that in pursuance of the aforesaid order passed by this Court, the applicants moved an application for discharge before the Court concerned which was dismissed on 22.07.2013 on the ground that the grounds taken in the discharge application could be considered only after the evidence of the parties. Feeling aggrieved by the aforesaid order passed by the Chief Judicial Magistrate, Gonda, the applicants preferred a Criminal Revision No.426/2013, which was also dismissed by Additional Session Judge, Court No.2, Gonda vide judgment and order dated 25.04.2014.