Shahrukh And 5 Others vs State Of U.P. And 3 Others
2023 Latest Caselaw 22618 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:167769
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 27624 of 2023
 
Applicant :- Shahrukh And 5 Others
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Ajay Kumar Pandey
 
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 charge sheet No.85 of 2016, summoning order dated 22.02.2023 and bailable warrant dated 12.05.2023 passed in Sessions Trial No.52 of 2016, Case Crime No.10 of 2016, under Sections 364, 376(2)(D), 342, 506 I.P.C. and Section 3/4 of POCSO Act, P.S. Chhaprauli, District Baghpat, passed by Addl. District and Sessions Judge/Special Judge, POCSO Act (Exclusive Court), Baghpat.

3. Counsel for the applicants submits that applicants moved Application U/s 482 No.31381 of 2016 before this Hon'ble Court for challenge the proceedings, the Hon'ble Court vide its order dated 19.10.2016 stayed the further proceedings. In view of judgment passed by Hon'ble The Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. and another Vs. Central Bureau of Investigation passed in Criminal Appeal Nos.1375-1376 of 2013, bailable warrant has been issued against the applicants. Application U/s 482 No.31381 of 2016, is pending before this Court.

4. Per contra, learned A.G.A. has vehemently opposed the submission raised by applicants' counsel.

5. Considering the argument raised by applicants' counsel, since, this is second 482 application for the same set of facts and the first 482 application is already pending before co-ordinate Bench of this Court, as such, there is no occasion exist to entertain this second 482 application, at this stage.

6. The present 482 application is, accordingly, dismissed.

Order Date :- 21.8.2023

Nitin Verma