Court No. - 68
Case :- APPLICATION U/S 482 No. - 19171 of 2021 Applicant :- Javed And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Karunesh Narayan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Karunesh Narayan Tripathi, learned counsel for the applicants, Sri Manoj Kumar Diwivedi, learned A.G.A.and perused the material on record.
The present application under Section 482 Cr.P.C. has been filed for quashing the Non Bailable Warrant order dated 17.02.2021 passed by the Additional Sessions Judge, Court N. 8 Shahjahanpur in Special Case No. 131 of 2018 (State Vs. Javed and others) arising out of case Crime No. 2000 of 2017 under Section 363, 504, 506, 366, 368, 376D, 328 of Indian Penal Code and Section 5G/6 Protection of Children from Sexual Offences Act, 2012 registered at Police Station Khutar, District Bareilly.
Learned A.G.A. informs the Court that the applicants have already approached this Court by means of Criminal Misc. Application under Section 482 Cr.P.C No. 34700 of 2018 ( Pesh Mohd and others Vs. State of U.P. and another) which was disposed of finally vide order dated 28.11.2019 with the direction to the applicants to appear and surrender before the court concerned and apply for bail, their prayer for bail would be considered and disposed expeditiously after hearing both the parties.
Even after passing the aforesaid order, the applicants did not appear before the court concerned but they filed the present application under section 482 Cr.P.C seeking quashing the Non Bailable Warrant order dated 17.02.2021 passed by the Additional Sessions Judge, Court N. 8 Shahjahanpur in Special Case No. 131 of 2018 (State Vs. Javed and others) arising out of case Crime No. 2000 of 2017 under Section 363, 504, 506, 366, 368, 376D, 328 of Indian Penal Code and Section 5G/6 Protection of Children from Sexual Offences Act, 2012 registered at Police Station Khutar, District Bareilly.
The prayer for quashing the proceedings with regard to the aforesaid case is refused as the applicants has already availed of this remedy and the second application under Section 482 Cr.P.C. for the same cause of action is not maintainable.
With the aforesaid observations, the application is dismissed.
The party shall file computer generated copy of such order download from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.10.2021 aks