Court No. - 53
Case :- APPLICATION U/S 482 No. - 24904 of 2018 Applicant :- Mohd . Shareef Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brahm Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicants and the learned AGA for the State.
This is a second application under Section 482 Cr.P.C. seeking to quash the charge sheet dated 11.02.2013 and cognizance taken on 25.04.2013 by the A.C.J.M. Varanasi including proceedings of Criminal Case No. 5828 of 2013, arising out of Case Crime No. 166 of 2012, under Sections 419, 420, 467, 468, 471 IPC, P.S. Cantt., District Varanasi, pending in the court of Chief Judicial Magistrate, Varanasi.
An earlier application was filed by the applicant being Application U/S 482 No. 30080 of 2013 wherein the relief was to the effect of quashing the charge sheet dated 11.02.2013 submitted in Case Crime No. 166 of 2012, under Sections 419, 420, 467, 468, 471 IPC, P.S. Cantt., District Varanasi. In the said application this Court vide order dated 05.09.2013 declined to interfere and refused the prayer to quash the charge sheet. It was further provided that the applicant may surrender and seek bail with a protection of 45 days from coercive action.
Learned counsel for the applicant submits that availing facility provided vide order 05.09.2013 passed in Application U/S 482 No. 30082 of 2013, the applicant surrendered and applied for bail that was granted. He is now on bail. The submission of the learned counsel for the applicant is that the main accused in the case who has committed a bank fraud has been granted interim protection on a challenge to the same charge sheet that was refused to be quashed at the applicant's instance vide order dated 21.05.2018 passed application under Section 482 Cr.P.C. No. 17854 of 2018, Mozammil vs. State of U.P. and another.
It appears that inspired by the said stay order the applicant has moved this Court seeking the same relief that was denied to him by this Court vide order dated 05.09.2013 passed in Application U/S 482 No. 30080 of 2013. There is no such change in circumstances as may afford, in the opinion of this Court, a fresh or a further right to seek relief for quashing the same proceedings that have earlier been refused. No doubt, there is a principle that in case of changed circumstances the prayer for quashing may be renewed but in opinion of this Court that is not the case here. This application is, therefore, held to be not maintainable and is dismissed.
Order Date :- 31.7.2018 Imroz