Heard Sri Chandra Jeet Yadav, learned counsel for the applicants as well as learned A.G.A. for the State-respondents and perused the record.
The applicants have been charge-sheeted under Sections 364-A/302/201 IPC. It appears from the record that the applicants had been named as accused and thus the applicants filed earlier a criminal application u/s 482 Cr.P.C. numbered as Criminal Misc. Application No. 2793 of 2005 in which an interim order to the extent that no coercive shall be taken against the applicants in the aforesaid case was passed on 30.3.2005. The own case of the applicants is that by order dated 28.5.2009 passed in the earlier Criminal Misc. Application U/s 482 No. 2793 of 2005, the interim order granted on 30.3.2005 was vacated and it wad directed that the court below i.e. Special Judge (D.A.A.), Agra shall initiate appropriate steps to secure presence of the accused in Court for putting them on trial and submit compliance report.
From the above, it is clear that the matter is being monitored by a Bench of this Court in the earlier Criminal Misc. Application U/s No. 2793 of 2005. Now, by means of this application, the applicants are praying that that Sessions Trial against the applicants may be quashed, which is the same Sessions Trial for which a direction has been issued by a Bench of this Court on 28.5.2009 for initiating appropriate steps against the applicants after putting them on trial and submit compliance report.
In such view of the matter, it would not be appropriate for this Court to entertain this application especially when the same matter is engaging the attention of a Bench in Criminal Misc. Application U/s 482 No. 2793 of 2005.
Such being the position, this application is dismissed with liberty to the applicants to approach the Bench hearing Criminal Misc. Application U/s 482 No. 2793 of 2005.
Order Date :- 11.1.2010 AbHiShEk