Allahabad High Court
Navendu Khandelwal And Another vs State Of U.P.And Others on 18 August, 2023
Bench: Anish Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:166615
Court No. - 92
Case :- APPLICATION U/S 482 No. - 25910 of 2007
Applicant :- Navendu Khandelwal And Another
Opposite Party :- State Of U.P.And Others
Counsel for Applicant :- Swapnil Kumar
Counsel for Opposite Party :- Govt. Advocate,Kamlesh Kumar Dwivedi,R.B. Singh
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Sudhanshu Kumar, advocate holding brief of Sri Swapnil Kumar, learned counsel for the applicant, Sri K.K. Dwivedi, learned counsel for the opposite party no.2 and Sri Deepak Mishra, learned counsel for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the proceeding of criminal case no. Nil of 2007 (Pramod Kumar Kapoor Vs. Navendu Khandelwal), arising out of case crime no. 3 of 2005, under Sections 364 and 201 IPC, pending in the court of Additional Chief Judicial Magistrate, Court No.43, Agra.
3. Learned counsel for the applicant submits that with regard to a same incident i.e. missing of brother of opposite party no.2, who was an employee of applicant no.1, a criminal case was registered at the behest of the applicant no.1 and out of the said complaint the Sessions Trial No. 589 of 2004 (State of Bihar Vs. Satish Kumar and Others) is said to be pending in the court of Additional Sessions Judge, Fast Track Court No.3, Muzaffarpur, Bihar.
4. In the counter affidavit filed by the opposite party no2 it is stated in para nos.8 and 9 as under:-
"8. That in reply to contents of paragraph no.15 of the Affidavit, it is submitted here that it is true that the deponent is also one of the witness in Chargesheet of S.T. No. 589/04 State of Bihar versus Satish Kumar and Others, which is pending before the Addl. Sessions Judge, Fast Track Court, No.3, Muzaffarpur (Bihar).
9. That in reply to contents of paragraph no.16 of the Affidavit, it is submitted here that the deponent had moved an application under Section 156(3) Cr.P.C. for registration of criminal case against the applicants after the pressurized by the persons who had enemical terms with the applicants. It is further stated that the deponent had no correct knowledge; regarding the criminal proceeding initiated in State of Bihar.
5. Learned counsel for the applicant further submits that since it is the second F.I.R. against the same incident, the same cannot be proceeded with, in view of the judgment of the Hon'ble Apex Court in T.T. Antony Vs. State of Kerala and Others, (2001) 6 SCC 181.
6. Learned counsel for the opposite party no.2 submits that since it is the second F.I.R. against the same incident for which a Sessions Trial is pending before the Addl. Sessions Judge, Fast Track Court, No.3, Muzaffarpur (Bihar), the opposite party no.2 does not want to proceed with this case.
7. Learned counsel for the State submits that after due investigation it was found that since it was the second F.I.R. for the same incident, final report was already filed by the State, therefore, he does not have any objection on the quashing of the instant case based on the second F.I.R. with regard to the same incident.
8. Having heard the learned counsel for the parties, this Court has carefully perused the record and since the instant case is arising out of second F.I.R. with regard to the same incident, the entire proceedings of criminal case no. Nil of 2007 (Pramod Kumar Kapoor Vs. Navendu Khandelwal), arising out of case crime no. 3 of 2005, under Sections 364 and 201 IPC, pending in the court of Additional Chief Judicial Magistrate, Court No.43, Agra are hereby quashed.
9. The instant application under Section 482 Cr.P.C. is allowed accordingly.
Order Date :- 18.8.2023
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