J.K. SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri R.P. Agarwal alongwith Sri Manu Khare, learned counsel appearing for the applicants, learned Additional Government Advocate for the State and Sri Manish Goyal alongwith Priyanka Midha, learned counsel appeared on behalf of opposite party no. 2 and perused the material on record.

(2.) The applicants, J.K. Srivastava and three others, through the Criminal Misc. Application No. 7242 of 2002 moved under section 482 Cr.P.C., 1973 have invoked the inherent jurisdiction of this Court with a prayer to quash the further proceedings of Case No. 2788 of 2000 (Anand Srivastava v. J.K. Srivastava and others), pending in the court of Metropolitan Magistrate-Ist, Kanpur Nagar and also prayed that the aforesaid proceeding against the applicants be stayed. It is further prayed that the court below be directed to decide the objections raised by the applicants under Section 204 Cr.P.C., 1973

(3.) In Criminal Misc. Application No. 12983 of 2008 (Vijay Srivastava v. State of U.P. and others), the applicant, Vijay Srivastava, through this application moved under Section 482 Cr.P.C., 1973 has invoked the inherent jurisdiction of this Court with a prayer to quash the order dated 05.05.2008, passed by learned Special Chief Judicial Magistrate, Kanpur Nagar in Case No. 909 of 2006 (Anand Srivastava v. J.K. Srivastava and others) under sections 255, 256, 257, 408, 466, 467, 468, 471 and 420 IPC, Police Station Kotwali, District Kanpur Nagar and further prayed to stay the aforesaid proceeding against the applicant.