Court No. - 76
Case :- CRIMINAL REVISION No. - 4425 of 2019 Revisionist :- Smt. Rakhi Sharma And 3 Ors.
Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- Akash Khare,Hari Om Counsel for Opposite Party :- G.A.,Amit Daga,Mayank
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard learned counsel for the revisionists and learned A.G.A. for the State.
2. The present criminal revision has been filed by the revisionists to quash the impugned order dated 9.10.2019 passed by the learned Additional Civil Judge ( Junior Division)/ Judicial Magistrate, Court No.5, Mathura in Case No.470 of 2018 (State Vs. Madan Mohan and others) arising out of Case Crime No.323 of 2017, under sections 307, 323, 504, 506 & 120B IPC, police station Highway, District Mathura and further proceedings of the aforesaid case.
3. The revisionists had already approached this Court by means of an application U/S 482 Cr.P.C No.7261 of 2018 for quashing the charge sheet as well as the entire proceedings of case No.470/IX/2018 arising out of case crime no.0323 of 2017, under sections 307, 323, 504, 506, 120B IPC, P.S. Highway, District Mathura pending in the concerned court below and by order dated 08.03.2018, the application was disposed of with a direction that in case the applicants appear or surrender before the courts below within 45 days from the date of order and apply for bail, their prayer for bail shall be considered and decided on its own merits in view of the settled law laid down by this Court.
4. However, without applying for bail, the applicants approached the Hon'ble Supreme Court, by means of Transfer Petition No. 275 of 2018, in which the following order has been passed;
" Issue notice, returnable in four weeks.
Mr. Anupam Mishra, learned counsel, appears and accepts notice for the caveator(s).
In the meantime, there shall be stay of further proceedings in Case No.470/IX/2018 titled State and Anr., Vs. Madan Mohan Sharma and others, pending before Additional Chief Judicial Magistrate-IV, District Mathura (U.P.)."
5. Pursuant to the order of the Hon'ble Supreme Court, all the proceedings in pending cases were stayed. Later on Transfer Petition has become infructuous.
6. From the order sheet, it is clear that the revisionists had knowledge of all the stay order being vacated and the said order were vacated and the proceedings, under section 82 Cr.P.C were initiated on 02.05.2018. Even after coming to know about the proceedings and the order dated 08.03.2018, the applicants/ revisionists had again approached this Court to challenge the subsequent order dated 09.10.2019.
7. Since the applicants were having knowledge of all the orders and have already approached this Court for quashing the charge-sheet and the entire proceedings, hence the present revision is dismissed being second application.
Order Date :- 26.11.2019 SFH