Sri S.K Mathur vs State Of U.P And Anr.
2015 Latest Caselaw 892 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 2655 of 2015
 

 
Applicant :- Sri S.K Mathur
 
Opposite Party :- State Of U.P And Anr.
 
Counsel for Applicant :- Manoj Sahu
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Shashi Kant,J.

Heard Sri Manoj Sahu, learned counsel for the applicant and Sri M.A. Khan, learned A.G.A. for the State of U.P.

Yesterday i.e., 11.06.2015, instructions were sought by learned A.G.A. which is not received till time.

Sri Manoj Sahu, learned counsel for the applicant submits that earlier a complaint case no. 4474 of 2010 was filed against the applicant in which the name of the applicant was wrongly shown as Sri S.C. Mathur. In the above case the applicant has obtained bail and approached before this Court for quashing of the complaint case by means of application under Section 482 Cr.P.C. No. 6817 of 2013 in which further proceedings of Complaint Case No. 4474 of 2010, under section 26 (2) r/w Section 16 of U.P. Urban Planning & Development Act, 1973, relating to P.S. Gomti Nagar, District Lucknow is stayed vide order dated 18.12.2013, as evident from page 20, as Annexure -5 to this application. Meanwhile, second complaint no. 8807 of 2010, under Section 26 (2) r/w section 16 of U.P. Urban Planning and Development Act, 1973 has been filed in which non-bailable-warrant has been issued against the applicant vide order dated 26.05.2015.

Under the provisions of law, two simultaneous case in respect of the same incident/ offence is not permissible, therefore, complaint case may be quashed and in the meanwhile, as an interim measures, the proceedings of the complaint case no. 8807 of 2010 may be stayed.

Learned A.G.A. Sri Khan submits that on the basis of material available on record, there is no need for any instructions. He further submits that order for interim relief may be passed, if this Hon'ble Court finds it appropriate to do so.

Issue notice to the opposite party no. 2, returnable at an early date.

Necessary steps be taken by the applicant within a week.

List in the month of July, 2015.

Till the next date of listing, th proceedings of the Complaint Case No. 8807 of 2010, under Section under Section 26 (2) r/w section 16 of U.P. Urban Planning and Development Act, 1973, P.S. Gomti Nagar, District Lucknow shall remain stayed.

Order Date :- 12.6.2015

Monika