ALI SHER Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Phaujdar, J. Heard the learned Counsel and the learned AGA. The present applicant had moved an ear lier Crl. Application No. 1645 of 1998 under Section 482, Cr. P. C. which was dis missed as withdrawn on 3-6- 1998. Perused the aforesaid records.

(2.) FOR the same reliefs the present application under Section 482, Cr. P. C. has again been filed by the same applicant on 23-7- 98. It was argued that the earlier order was not recorded on merits and, as such, the bar of review as contemplated in the Code of Criminal Procedure was not applicable to the present set of facts. It may be true that the bar is not strictly ap plicable as the earlier order might not be regarded as judgment, but if such repeated applications are accepted after withdrawal of earlier ones, it would be setting a dangerous trend as that would lead to a situation when a litigant may feel that the temperament of a particular judge is not " suiting his interest and may withdraw an application, without leave to file it afresh, and again file it before another judge with a hope of getting a favourable order.