Court No. - 40
Case :- APPLICATION U/S 482 No. - 43265 of 2018 Applicant :- Braham Singh And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rahul Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned A.G.A on behalf of the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the summoning order dated 15.11.2016 passed by Civil Judge (Junior Division) First/Judicial Magistrate, Baghpat and proceedings of Complaint Case No.259 of 2016 (Shailendra vs. Omprakash and others), under section 138 Negotiable Instrument Act and section 420 IPC, Police Station Khekra, District Baghpat, pending in the court of Civil Judge (Junior Division) First/Judicial Magistrate, Baghpat.
The record indicates that earlier the applicants have also jointly filed application under Section 482 Cr.P.C. No.30284 of 2017 (Braham Singh and 4 others vs. State of U.P.) before this Court seeking quashing of same summoning order dated 15.11.2016 as well as proceeding in Complaint Case No.259 of 2016, under section 138 Negotiable Instrument Act and section 420 IPC, Police Station Khekra, District Baghpat, pending in the court of Civil Judge (Junior Division First)/ Judicial Magistrate, Baghpat, which was disposed of by this Court vide order dated 12.09.2017 filed as Annexure No.1 to the application.
It has been submitted by the learned counsel for the applicants that after obtaining the earlier order dated 12.09.2017 from this Court, the matter was referred to the Mediation Centre but mediation could not be succeeded, therefore, the applicants have filed second application seeking same relief as prayed by the applicants in their first application under section 482 Cr.P.C. No.30284 of 2017.
In view of above, the present application under section 482 Cr.P.C. on behalf of the applicants is second application for the same relief which is not permissible under the law.
This Court is of the considered opinion that under the facts and circumstances of the case, the present second application u/s 482 Cr.P.C. is not maintainable and is liable to be dismissed.
Hence, the application u/s 482 Cr.P.C. is misconceived and, is, hereby dismissed.
Order Date :- 30.11.2018 SKD