Court No. - 73
Case :- APPLICATION U/S 482 No. - 16300 of 2019 Applicant :- Shakir Islam And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Manish Tripathi,Surendra Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
The present application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 08.03.2019 passed in Criminal Case No. 6355 of 2018 (State Vs. Mazahrul Islam) arising out of case crime no. 31 of 2017 under Sections- 323, 452, 504, 506, 427, 354Kha of IPC, P.S.- Amroha Nagar, District J.P. Nagar pending before the concerned courts below.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.
Learned A.G.A. has opposed the application.
The perusal of the record shows that earlier applicants have filed an application under Section 482 Cr.P.C. vide no. 46484 of 2018 for quashing of the proceedings of case no. 6355 of 2018. That application was decided by this Court vide order dated 20.12.2018 and the following order was passed:-
''In that view of the matter, they are permitted to move discharge application through counsel before the trial court and the trial court shall decide the same within a period of one month from the date of production of a certified copy of this order.
Till the discharge application is decided, no coercive measure shall be taken against the applicants.
However, in case discharge application is rejected, the applicants are at liberty to appear and surrender before the courts below within three weeks thereafter and apply for bail. Their bail application shall be considered and decided in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR-290, as well as judgment passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (322) (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.
The application stands disposed of.''
It is apparent that applicants have not complied with the earlier order passed by this Court and have not surrendered and applied for bail in accordance with the above stated order rather they have filed this fresh application under Section 482 Cr.P.C. to quash the impugned order dated 08.03.2019 by which NBWs have been issued against the applicants. The provisions of Section 482 Cr.P.C. cannot be invoked again in the same matter. Earlier the applicants were given three weeks time, after rejection of their application for discharge, to surrender and apply for bail but they did not surrender and after issuance of NBWs, they approached this case for quashing of NBWs. Apparently, there is no error in the impugned order.
In view of above, it is apparent that present application is not maintainable rather it is an abuse of process of law.
The application is, accordingly, rejected.
Order Date :- 26.4.2019 Mohit Kushwaha