Heard learned counsel for the applicant and learned A.G.A. This application was taken as a fresh after hearing Mannu Chaudhary, learned counsel for the applicant and learned A.G.A. and order was passed, but immediately thereafter Sri Dhirendra Kumar Srivastava appeared before this Court and filed his memo of appearance on behalf of O.P.No.s2 by submitting that this is not the first application under section 482 Cr.P.C., the applicant had already filed the criminal misc. application No. 4415 of 2009 which was disposed of on 3.3.2009 by Hon'ble Vinod Prasad J.
After considering the submission made by counsel for the O.P.No.2, the record of criminal misc. application No. 4415 of 2009 has been summoned, after perusing the same, it appears that on behalf of the applicant, Sri R.V.Pandey Advocate filed the application, the deponent of this case was applicant Gopal Narain Rai the prayer was made that : " this Hon'ble court may graciously be pleased to allow this application and direct the courts below to dispose of the bail application of the applicant on the same day in Case Crime No. 103 of 2007 (State vs. Sahdee Devi and others ), under sections 419, 420, 467, 468 and 471 I.P.C. registered at Police Station-Deena, District Chandauli pending as Case No. 63 of 2009 in the court of Judicial Magistrate, Chandauli " It was finally disposed of by Hon'ble Vinod Prasad, J. with the direction for disposing of bail application, expeditiously as possible, if possible on the same day , if the applicant surrenders within two weeks from the date of order. But it is surprising that with the same prayer, the applicant has again filed the present application without disclosing the fact that he had already filed the application for the same relief whereas the deponent is both the applications is same person Gopal Narain Rai. The present application is not maintainable. The court is restraining to issue the Criminal proceedings against the applicant Gopal Narain Rai because counsel appearing on his behalf is a young lawyer. Accordingly, this application is dismissed.
Order Date :- 22.1.2010 Su