CHARAN Vs. STATE OF M P

JUDGEMENT

(1.) - This petition is for impugning the order dated 21. 2. 08 passed by jmfc, Guna in Criminal Case No. 892/07, whereby the learned Magistrate has rejected an application under Section 437 (6)Cr. P. C. filed on behalf of the petitioner.

(2.) SHRI Tiwari learned counsel for the petitioner has submitted that the similar application was filed earlier on behalf of the petitioner which was rejected vide order dated 21. 8. 07 by the learned JMFC, Guna. The order was affirmed by Third Additional sessions Judge vide his order dated 23. 8. 07 which was impugned in this Court in M. Cr. C. No. 5135/07. While disposing of the petition, this Court observed that within one month the petitioner shall be at liberty to apply afresh for bail under the same provision. Thereafter, petitioner applied and that application has also been rejected on 27. 10. 07 by the learned Magistrate and the order was affirmed by First Additional Sessions judge in Criminal Revision No. 369/ 07, vide his order dated 6. 11. 07. This order was also assailed by the petitioner M. Cr. C. No. 573/08 which has been disposed of vide order dated 28. 1. 08 with the observation

(3.) SHRI Mahore has submitted that many applications have been filed by the petitioner for the bail under Section 439 Cr. P. C. which have been rejected by the Competent court, but not a single order has been filed by him. The application under Section 437 (6) of Cr. P. C. rejected by the learned magistrate and the ground mentioned therein are sufficient and on sufficient ground such application can be rejected. Remedy is available to the petitioner against the impugned order to apply under Section 439 of Cr. P. C. Once a remedy is available, petition under Section 482 of Cr. P. C. is not maintainable.