C482/130/2023
2023 Latest Caselaw 648 UK

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                                      C482 No.130 of 2023
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Tarun Mohan, Advocates for the applicant.

Mr. Atul Kumar Sah, Deputy Advocate General with Mamta Joshi, Brief Holder for the State.

The applicant in the present C482 application has sought for the following reliefs:-

"2. That in view of facts and circumstances as mentioned in the accompanying affidavit this Hon'ble Court may graciously be pleased to quash the impugned charge sheet No.179 of 2020 dated 29.07.2020 submitted against the applicant under Sections 420, 467, 468, 471 of IPC (Annexure no.5 to the affidavit) and also the impugned summoning order dated 09.03.2021 (Annexure no.6 to the affidavit) issued by the learned Addl. Chief Judicial Magistrate, Haridwar as well as entire proceedings of Criminal Case No.334 of 2021 (Case Crime No.279 of 2018), State vs. Rahul under Sections 420, 467, 468, 471 of IPC pending before 1st Addl. Civil Judge (Sr. Div.)/Addl. Chief Judicial Magistrate, Haridwar."

In a nutshell, the challenge which has been given by the present applicant in C482 application is to the Charge Sheet No.179 of 2020 dated 29.07.2020, as it has been submitted on the culmination of investigation in Case Crime No.279 of 2018 for the offences under Sections 420, 467, 468, 471 of IPC.

The facts, which had been brought on record, are that the applicant had earlier approached this Court by preferring C482 application praying for the similar relief which is extracted hereunder:-

"2. That in view of facts and circumstances as mentioned in the accompanying affidavit this Hon'ble Court may graciously be pleased to quash the impugned charge sheet No.179 of 2020 dated 29.07.2020 submitted against the applicant under Sections 420, 467, 468, 471 of IPC (Annexure no.5 to the affidavit) and also the impugned summoning order dated 09.03.2021 (Annexure no.6 to the affidavit) issued by the learned Addl. Chief Judicial Magistrate, Haridwar as well as entire proceedings of Criminal Case No.334 of 2021 (Case Crime No.279 of 2018), State vs. Rahul under Sections 420, 467, 468, 471 of IPC pending before 1st Addl. Civil Judge (Sr. Div.)/Addl. Chief Judicial Magistrate, Haridwar."

Since the present C482 application happens to be a consecutive C482 application for the same cause of action, because the earlier C482 application has been dismissed by the Coordinate Bench of this Court on its own merit by the judgment of 20.12.2021, which has attained finality, the second C482 application for the same cause of action would not be maintainable.

The same is accordingly dismissed.

(Sharad Kumar Sharma, J.) 16.03.2023 Ravi