KALIM AHMED Vs. STATE OF U P

JUDGEMENT

(1.) SAROJ Bala, J. This application under Section 482, Cr. P. C. has been moved for quashing of the criminal proceedings of case crime No. 252 of 2001 (S. T. No. 599 of 2006) State v. Kalim Ahmed, under Section 489 (C), I. P. C. P. S. Chauk District Varanasi pending before the Court of Additional Sessions Judge, Court No. 1, Varanasi.

(2.) HEARD Shri S. T. Siddiqui, learned Counsel for the applicant, learned A. G. A. and have perused the record.

(3.) THE learned A. G. A. submitted that applicant has been acquitted in Criminal Case No. 93 of 2002 on the ground of non-compliance of the mandatory provisions of N. D. P. S. Act. THE learned Counsel contended that trial in the present case has commenced after the framing of charges. THE submission of the learned A. G. A. was that order of framing of charge having not been challenged has attained finality. According to the learned Counsel the principle of stare decisis is not applicable to the present case as applicant is not a co-accused and case crime number of the present offence is different.