NARENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Anil Kumar Singh, learned counsel for the applicants and the Mr. Prashant Kumar, learned A.G.A. for the State.

(2.) The present application under Section 482 Cr.P.C. has been filed to quash the charge-sheet no. 521 of 2019 dated 7th September, 2019 and cognizance order dated 24th September, 2019 passed by the Chief Judicial Magistrate, Moradabad in Criminal Case No. 10645 of 2019, arising out of Case Crime No. 1223 of 2018, under Sections 420, 467, 468, 471, 323, 504 and 506 I.P.C., Police Station-Civil Lines, District-Moradabad. The applicants also seek quashing of the non-bailable warrant issued against the applicants in the aforesaid case.

(3.) Before considering the present application on merits by the Court, Mr. Prashant Kumar, learned A.G.A. has raised preliminary objection to the maintainability of the present application by submitting that this is the third application filed by the applicant nos. 1, 2 and 4 under Section 482 Cr.P.C. and this is the fourth application filed by applicant no.3 Sandeep Chaudhary for more or less identical relief. In paragraph-6 of the affidavit accompanying the present application under Section 482 Cr.P.C., it has been stated that the applicant no. 3 Sandeep Chaudhary had earlier approached this Court by means of Criminal Misc. Application U/s 482 Cr.P.C. No. 1221 of 2019 (Sandeep Chaudhary Vs. State of U.P. and Another), which has been disposed of vide order dated 25th July, 2019, a copy of which has been enclosed as Annexure-5 to the affidavit filed in support of the present application, In paragraph-17, it has been stated that other Criminal Misc. Application U/S 482 Cr.P.C. No. 37643 of 2019 (Narendra Singh and 3 Others Vs. Sate of U.P. and Another) by the applicants, which has also been disposed of vide order dated 18th October, 2019, a copy of which is at page-70 of the paper book. In paragraph-18, it has been stated that other Criminal Misc. Application U/S 482 Cr.P.C. No. 39850 of 2019 (Narendra Singh and 3 Others Vs. State of U.P. and Another), which has also been disposed of vide order dated 7th November, 2019, a copy of which is at page-72 of the paper book. On the other hand, in paragraph-2, it has been stated that this is the First Criminal Misc. Application under Section 484 Cr.P.C. on behalf of the applicants before this Hon'ble Court. In view of the aforesaid, the learned A.G.A. submits that this second application under Section 482 Cr.P.C. is not maintainable and is liable to be dismissed.