Jayant Banerjee And 2 Others vs State Of U.P. And Another
2017 Latest Caselaw 719 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 
Case :- APPLICATION U/S 482 No. - 11154 of 2017
 
Applicant :- Jayant Banerjee And 2 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Shamimul Hasnain,Indu Bhushan Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This application under Section 482, Cr.P.C. has been filed for quashing the order dated 28.03.2017 passed by Chief Judicial Magistrate, Allahabad in Criminal Case No. 2783 of 2013, whereby non-bailable warrant has been issued against the applicant.

Learned counsel for the applicant has drawn attention of this Court towards the order dated 20.05.2013 of this Court, passed in Application under Section 482 Cr.P.C. No. 17225 of 2013(Annexure-4), whereby notice issued to opposite party no.2 and till the next date of listing coercive action is directed to kept in abeyance.

It is further contended that when the matter is listed before the court below on 28.03.2017, non-bailable warrant has been issued against the applicant. Thereafter, the applicant has filed present application. 

After hearing the learned counsel for the applicant, learned A.G.A. and after perusing the material on record, this Court is of the opinion that when one Application under Section 482 Cr.P.C. of the applicant is pending before this Court, then this second Application under Section 482 Cr.P.C. is not maintainable. 

Accordingly, the present Application under Section 482 Cr.P.C. is dismissed.

Order Date :- 15.5.2017

VKG