Court No. - 72
Case :- APPLICATION U/S 482 No. - 29558 of 2019 Applicant :- Raju Chaube Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Alok Krishan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Alok Krishan Tripathi, learned counsel for the applicant and learned AGA for the State.
Present application under Section 482 Cr.P.C. has been filed for quashing the order dated 19.7.2019 passed by Additional Court, Varanasi in Case No. 1482 of 2017 (Chandra Shanker Singh Vs. Raju Chaubey) under Section 138 of N.I. Act, P.S. Lanka, District Varanasi, pending in the court of Additional Court, Varanasi.
From perusal of the impugned order, it is apparent that earlier in the application under Section 482 Cr.P.C. No. 37648 of 2016, the interim order staying the proceedings of Complaint Case No. 1674 of 2016 under Section 138 of N.I. Act was passed on 8.12.2016. By the impugned order, the Magistrate observed that in view of judgment of the Apex Court passed in Asian Resurfacing Of Road Agency vs Central Bureau Of Investigation, 2018 (16) SCC 299, the order staying the proceedings of complaint case no. 1674 of 2016 has become ineffective and a fresh order is required to be obtained by the applicant giving reasons for the same.
The applicant has remedy to file application for stay in Application under Section 482 Cr.P.C. No. 37648 of 2016.
Fresh application under Section 482 Cr.P.C. is not maintainable and is, accordingly, rejected.
Order Date :- 30.7.2019 Noman