Court No. - 44
Case :- APPLICATION U/S 482 No. - 28693 of 2018 Applicant :- Mohd. Zameel And 11 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vinay Kumar,Sanjeev Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Vinay Kumar, learned counsel for the applicants and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed challenging the entire proceedings of Complaint Case No. 5961 of 2012 (Smt. Mobina Khatoon Vs. Mohd. Kasim), under sections 149, 434, 42, 504, 506 IPC, P.S. Rail Bazar, District Kanpur Nagar.
From the record, the Court finds that the present applicants were summoned in the above mentioned complaint case by means of the summoning order dated 4.5.2011. The said summoning order was challenged in criminal revision filed by one of the accused namely, Mohd. Kasim. The criminal revision came to be decided by means of the order dated 28.6.2011. Challenging the summoning order as well as the order dated 28.6.2011 a Criminal Misc. Writ Petition No. 14804 of 2011 (Mo. Kasim and others Vs. State of U.P. and Anr.) was filed before this Court and it was partly allowed in favour of the petitioner No.1 Mohd. Kasim. No relief was granted to other petitioners i.e. petitioner nos. 2 to 13. The result of the same is that the summoning order dated 4.5.2011, passed against the present applicants, has already been sustained by this Court by means of the order dated 17.7.2018, passed in criminal misc. writ petition referred to above.Thus, the present application under Section 482 Cr.P.C. amounts to a second round of litigation for the same relief, which is not permissible under the High Court Rules.
The application is, accordingly, dismissed.
Order Date :- 6.9.2018 Arshad