Court No. - 52
Case :- APPLICATION U/S 482 No. - 21832 of 2019 Applicant :- Shabban And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Irshad Ahmad for the applicants and Sri D.K. Pandey for opposite party-2.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 15.5.2019 passed by Additional Chief Judicial Magistrate, Chandausi in Criminal Case No.1077 of 2018(State vs. Shabban and others), arising out of Case 89 of 2016, under Section 323, 504, 308 I.P.C. P.S. Asmauli, district Chandausi at Sambhal.
Earlier in this matter the applicants filed Application under Section 482 No.656 of 2017 for quashing the order dated 23.01.2017 whereby NBW were issued to the applicants. This application was disposed of by order dated 01.03.2017 giving liberty to the applicants to appear and surrender before the court below within 30 days from the order and apply for bail and for a period of thirty days the operation of the order dated 23.01.2017 was stayed. It appears that instead of appearing before the court below, the applicants approached Additional Superintendent of Police and secured an order dated 28.02.2017 for further investigation under Section 173(8) Cr.P.C. However, after further investigation again charge sheet was submitted under Sections 323, 504, 308, I.P.C. and it remained intact. Therefore, the applicants filed a fresh application under Section 482 Cr.P.C. No.7859 of 2019 challenging the order dated 7.7.2018 by which discharge application of the applicant-2 was rejected. This application under Section 482 Cr.P.C. was dismissed by order dated 14.3.2019. Thus, the position remains as such as it was on 23.01.2017 and the liberty granted by this Court to the applicants by order dated 23.01.2017 was not availed and the court was compelled to take proceeding under Section 82 Cr.P.C.
In such circumstances, the applicants are not entitled for any liberty from this Court and the application under Section 482 Cr.P.C. is dismissed.
Order Date :- 30.5.2019 mt