Smt. Pooja Mishra And Another vs State Of U.P. And 5 Others
2023 Latest Caselaw 25215 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:179452
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 34418 of 2023
 

 
Applicant :- Smt. Pooja Mishra And Another
 
Opposite Party :- State Of U.P. And 5 Others
 
Counsel for Applicant :- Sriram Dhar Dubey,Gaurav Chauhan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

1. Heard learned counsel for the applicants and learned A.G.A. for the State-respondents.

2. The instant application under Section 482 Cr.P.C. has been filed to quash the impugned second FIR dated 09.09.2022, under Sections 420, 506 IPC and Section 67/A of Information Technology Act, 2000 in pursuance of the Case Crime No. 0469 of 2022 registered at Police Station- Ramghadh Tall, District-Gorakhpur.

3. Learned A.G.A. has raised objection that applicant has challenged the impugned FIR and submitted that earlier applicant filed Criminal Misc. Writ Petition No. 19875 of 2022 before this Court for quashing the impugned first information report registered as Case Crime No. 469 of 2022, under Sections 420, 506 IPC and Section 67/A of I.T. Act, P.S. Ramgarh Taal, District- Gorakhpun and the Hon'ble Court vide order dated 20.12.2022 disposed of the same in view of judgment of Hon'ble Apex Court in the case of Arnesh Kumar vs. State of Bihar; (2014) 8 SCC 273. He next submitted that instant second application/petition for the same cause of action, is not maintainable.

4. Accordingly, the instant application is not maintainable and is hereby rejected.

Order Date :- 18.9.2023

Aditya