LAWS(ALL)-1999-4-35

GHUFRAN AHMAD Vs. CHIEF JUDICIAL MAGISTRATE AZAMGARH

Decided On April 22, 1999
GHUFRAN AHMAD Appellant
V/S
CHIEF JUDICIAL MAGISTRATE AZAMGARH Respondents

JUDGEMENT

(1.) S. H. A. Raza and V. K. Chaturvedi, JJ. The applicant Ghufran Ahmad has filed his petition under Section 482, Cr. P. C. praying that the order dated 6-2-97 passed by the Chief Judicial Magistrate, Azamgarh arising out of Criminal Ap plication No. 33 of 1997 be quashed. It is further prayed that operation of the order dated 6-2-9'7 passed by the Chief Judicial Magistrate, Azamgarh arising out of criminal Application No. 33 of 1997, Hafizurrehmaan v. Ghufraan Ahmad and other, be stayed.

(2.) THE applicant has arrayed two per sons as opposite parties namely Ram Raj Tiwari, Chief Judicial Magistrate, Azam garh as well as Hafizurrehman son of Junaid. THE order which was sought to be quashed, was passed by the C. J. M. on an application preferred by the petitioner under Section 156 (3), Cr. P. C. THE C. J. M. ordered the police to investigate the mat ter. Being aggrieved against the said order, an application under Section 482, Cr. P. C. was filed by the applicant. On 21-3-97, the following order was passed by Hon'ble Single Judge of this Court: "heard. Duly considered the submissions. Since the entire money has been paid and obtained by the complainant, as per Annexure-5, the petition is finally disposed of as under: THE order dated 6-2-97 passed by the C. J. M. Azamgarh arising out of criminal application No. 33/97 stands quashed. "

(3.) IN view of the fact that pursuant to the order passed by the C. J. M. Azamgarh under Section 156 (3), Cr. P. C, first infor mation report has been registered, this petition under Section 482, Cr. P. C. has lost its efficacy and relevance. It is accord ingly dismissed. Petition dismissed. .