Court No. - 44
Case :- APPLICATION U/S 482 No. - 36144 of 2018 Applicant :- Sanjay Agrawal @ Sanjay Garg Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Birendra Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Birendra S. Pandey, learned counsel for the applicant as well as learned A.G.A. and perused the record.
By means of the present 482 Cr.P.C. application, the applicant has targeted the summoning order dated 11.07.2018 passed by Chief Judicial Magistrate, Sonbhadra in Case No. 1306 of 2018(State Vs. Sandeep Agarwal and others) under Section 3/7 of Essential Commodities Act arising out of Case Crime No. 102 of 2017 at Police Station-Beejpur, District-Sonbhadra pending in the Court of Chief Judicial Magistrate, Sonbhadra.
At the outset, while assailing the validity of the order, learned counsel for the applicant has tried to draw the parity with the co-accused Sandeep Agarwal in Application U/S 482 No. 26906 of 2018 and the co-ordinate Bench of this Court on 09.08.2018 while issuing notice to the opposite party no. 1, has directed the learned Magistrate not to take any coercive step against the applicant for a limited period.
In paragraph no. 2 of the application, the present applicant has candidly declared that the present application is the first application filed under Section 482 Cr.P.C. for quashing the summoning order dated 11.07.2018.
A startling revelation made by the learned A.G.A. during the arguments is that at the earlier point of time, the same applicant-Sanjay Agrawal@Sanjay Garg has filed an application U/S 482 No. 24908 of 2018 with the following prayer :-
"This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding as well as charge sheet submitted in Case No. 1306 of 2018(State Vs. Sandeep Agrawal and others), under Sections 3/7 of Essential Commodities Act arising out of Case Crime No. 102 of 2017, police station- Beejpur, District-Sonbhadra."
My esteemed brother Hon'ble Ramesh Sinha, J. while giving audience to Sri Birendra S. Pandey, learned counsel for the applicant in application U/S 482 No. 24908 of 2018, has refused to quash the entire proceedings as well as the charge sheet submitted in Case No. 1306 of 2018 and while dismissing the application, held that the application lacks merit and it was, accordingly, dismissed.
Thus, from the aforesaid averments made by the learned A.G.A., the present application under Section 482 Cr.P.C. No. 36144 of 2018 establishes that the instant application is the second one filed on the same ground as there was no scope for entertaining the second one. While perusing the earlier order dated 25.07.2018 passed in application U/S 482 No. 24908 of 2018, it is also imperative to mention, that in the aforesaid order nowhere the liberty for filing the fresh application was offered to the applicant. It is indeed very shocking and surprising as to how and under what circumstances, without being given any liberty to move another application by the earlier Court, he has moved the second application under Section 482 Cr.P.C. The applicant has contrived intelligence to constantly play the "Snake and Ladder Game" by filing the instant second application in the same jurisdiction just to pull wool in the eyes of the Court, which can be clearly understood from the averment made in paragraph 2 of the instant petition by the applicant Sanjay Agrawal alias Sanjay Garg. Such kind of litigations categorically establish that there are certain people who possess adamantine attitude to procrastinate the proceeding in a court of law. Besides this, the counsel for the applicant of both the applications filed under section 482 Cr.P.C. is one and same i.e. Sri Birendra Shanker Pandey, Advocate which underlines the mens rea of the applicant as well as his learned counsel.
Under such circumstances, the present application is hereby dismissed with the liability upon the applicant to pay Rs.25,000/- as cost to be deposited in the registry of this Court within ten days.
The Registrar General shall be free to recover this cost from the applicant in accordance with law, if the applicant fails to deposit the same in time and only then issue the certified copy of this order.
Let a copy of this order may also be given to the President, Allahabad High Court Bar Association for apprising about the conduct of the member of the Association, who being the officer of the Court is misguiding their clients and playing fraud with the Court.
Order Date :- 29.10.2018 Sumit S