Court No. - 64
Case :- APPLICATION U/S 482 No. - 28968 of 2019 Applicant :- Jyotsna Jaiswal And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chitranshu Srivastav Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 of Cr.P.C. has been moved on behalf of applicants seeking the quashing of summoning order dated 21.6.2019 as well as order dated 27.6.2019 in Case No.55836 of 2016 (State vs. Jyotsana Jaiswal and another), arising out of Case Crime no.0194 of 2015, charge sheet dated 15.5.2016, u/s 420, 467, 468, 471 I.P.C., P.S.-Feelkhana, District-Kanpur Nagar.
Heard learned counsel for applicants and learned A.G.A. and also perused the record.
It appears that an Application u/s 482 No.16969 of 2019 (Jyotsana Jaisawal and another vs. State of U.P. and another) is already pending in the High Court and the court was pleased to stay the coercive action till next date of listing. The warrants have been issued now against the applicants by the court below. Though the counsel has not been able to exactly explain the circumstances and the evolution of events which led to the issuance of warrants but it transpires from overall perusal of the record that probably the stay that was granted by the High Court vide its order dated 25.5.2017 was either not extended or if extended, the order regarding the same would not have been furnished before the court below. At any rate, the situation and the point involved in the matter is such, that can be properly adjudicated only by the court dealing with aforesaid Application u/s 482 No.16969 of 2019. Counsel can move proper application in aforesaid application u/s 482 Cr.P.C. and that is the only proper way to redress the grievance. Filing a fresh application u/s 482 Cr.P.C. in that regard does not appear to be a very proper course as the same may result into an incongruous order between the two applications. The applicant shall be at liberty to adopt the right course.
With the aforesaid observation this application stands dismissed.
Order Date :- 26.7.2019 M. Kumar