Court No. - 70
Case :- APPLICATION U/S 482 No. - 35891 of 2019 Applicant :- Hari Mohan And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Rajeev Malviya Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the order dated 26.08.2019 passed by Additional Chief Judicial Magistrate, Court No. 3, Varanasi in Criminal Case No. 2805 of 2015 arising out of Case Crime No.
10 of 2014, under sections 498-A, 323, 504, 506 IPC and section 3/4 of Dowry Prohibition Act, police station Mahila Thana, district Varanasi, whereby non-bailable warrant has been issued against the applicants in view of judgment in Asian Resurfacing of Road Agency Pvt. Ltd and others vs. Central Bureau of Investigation; AIR 2018 SC 2039.
After having heard the arguments of learned counsel for the parties, I find that the applicants have already filed two applications under section 482 Cr.P.C. bearing No. 32481 of 2015 and 9711 of 2016 arising out of same Case Crime No. 10 of 2014 before this Court, in which interim protection has been granted to the applicants, and therefore, during the pendency of aforesaid two applications, filing of present application for quashing of non-bailable warrant dated 26.08.2019 issued against the applicants before this Court is not maintainable.
However, it is provided that the applicants are free to move appropriate application in the aforesaid pending applications under section 482 Cr.P.C.
In view of above, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 26.9.2019 Sazia