Samsuddin @ Mataru And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 21453 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:160200
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 29032 of 2023
 

 
Applicant :- Samsuddin @ Mataru And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Anil Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

1. Heard learned counsel for the applicants and learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the NBW dated 10.08.2022 as well as entire proceedings of Criminal Case No.8116 of 2015, under Sections 498-A, 323 I.P.C. and Section 3/4 of DP Act, P.S. Mugalsarai, District Chandauli, pending in the court of Civil Judge (JD)/FTC-I/JM, Chandauli.

3. From perusal of record it appears that applicant had earlier filed Application U/s 482 No.16254 of 2019 in which the Hon'ble Court vide order dated 25.04.2019 passed interim order that "till the next date of listing, operation of impugned summoning order and proceedings shall remain stayed". In view of the judgment passed by Hon'ble The Apex Court in the case of Asian Resurfacing of Road Agency Vs. Central Bureau of Investigation, as NBW has been issued against the applicant.

4. Per contra, learned A.G.A. opposed the submissions raised by applicants' counsel.

5. Since, on the same relief 482 application is pending before this Hon'ble Court and this is second 482 application for the same set of facts/relief, hence, the same cannot be entertained. No interference is warranted, at this stage.

6. The present 482 application is dismissed with the aforesaid observation.

Order Date :- 9.8.2023

Nitin Verma