Court No. - 76
Case :- APPLICATION U/S 482 No. - 46805 of 2019 Applicant :- Nitin Kumar Sharma Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Krishna Kant Gupta Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Krishna Kant Gupta, learned counsel for the applicant and Mr. Prashant Kumar, learned A.G.A. for the State.
2. The present application under Section 482 Cr.P.C. has been filed to quash the impugned order dated 13.08.2019 passed by the Chief Judicial Magistrate, Gautam Budh Nagar in Criminal Case No. 4967 of 2019 (State Vs. Nitin Kumar Sharma), arising out of Case Crime No. 217 of 2018, under Sections 406, 420, 506 I.P.C., Police Station- Phase III, District- Gautam Budh Nagar.
3. Before considering the present application on merits by the Court, Mr. Prashant Kumar, learned A.G.A. has raised preliminary objection to the maintainability of the present application by submitting that this is the second application filed by the applicant under Section 482 Cr.P.C. In paragraph-6 of the affidavit accompanying the present application under Section 482 Cr.P.C., it has been stated that the applicant had earlier approached this Court by means of Criminal Misc. Application U/s 482 Cr.P.C. No. 23104 of 2019 (Nitin Kumar Sharma Vs. State of U.P. & Another), which has been disposed of vide order dated 24.06.2019, a copy of which has been enclosed as Annexure-4 to the affidavit filed in support of the present application. In view of the aforesaid, the learned A.G.A. submits that this second application under Section 482 Cr.P.C. is not maintainable and is liable to be dismissed.
4. In the other application filed under Section 482 Cr.P.C. by the applicant being Criminal Misc. Application U/s 482 Cr.P.C. No. 23104 of 2019, following order has been passed on 24.06.2019:
"The present 482 Cr.P.C. application has been filed to quash the entire proceedings in Case No.4967 of 2019 arising out of Case Crime No.217 of 2018, under Sections-406, 420, 506 IPC, Police Station-Phase-3, District-Gautam Budha Nagar, pending in the C.J.M, Gautam Budha Nagar.
Learned counsel for the applicant submits that he has been falsely implicated by the police under the alleged sections.
In that view of the matter, they are permitted to move discharge application through counsel before the trial Court within three weeks from today and the trial court shall decide the same within a period of one month from the date of filing of application along with certified copy of this order.
Till the discharge application is decided, no coercive measures shall be taken against the applicant.
With the aforesaid observations, this application is disposed of."
7. In view of false averment made in paragraph-2 of the affidavit accompanying the present application, normally this Court would have issued notices to the applicant for contempt of court, but no purpose would be served by keeping the present application pending.
8. Since the present application is second one filed by applicant for more or less identical relief, the same is not maintainable. It is accordingly dismissed.
However, it is open for the applicant to file a fresh application for seeking discharge only.
Certified copy of the impugned order/F.I.R. shall be returned to the learned counsel for the applicant after retaining the copies of the same to be kept on record.
Order Date :- 19.12.2019 Priya