The court dismissed an application under Section 482 Cr.P.C. as not maintainable, finding it was a duplicate of a previously disposed-of application and constituting a gross misuse of court process.
The application has been dismissed as not maintainable.
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Court No. - 42
Case :- APPLICATION U/S 482 No. - 17458 of 2018
Applicant :- Ahmad Noor Opposite Party :- State Of Up And Another Counsel for Applicant :- Brahma Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the parties.
Pursuant to the nomination of this application by Hon'ble The Chief Justice order dated 5th July, 2018, the application under Section 482 Cr.P.C has been presented today.
This application has been moved by the same appellant on the same set of facts in the earlier application being 482 Cr.P.C. Application No.7807 of 2018. The earlier application was disposed of vide order of this dated 12.3.2018, copy whereof has been annexed as Annexure No.1 of this application.
The prayer made in this application is virtually the same as one made and considered in extenso in previous application, which has been disposed of by this Court. This is the gross misuse of the process of the Court. Applicant has not only troubled the trial court, but has also acted in a manner, which is wastage of time of this Court. This being second criminal miscellaneous application, which is legally not maintainable.
Consequently, applicant shall be careful in future not to misuse the process of law by presenting same application/petition for the same relief by time and again.
This application is dismissed as not maintainable . Order Date :- 6.7.2018 Raj
2 issues framed by the court
Whether a second criminal miscellaneous application on identical facts is maintainable.
Whether repeated filing of the same application amounts to misuse of court process.
1 provisions across 1 enactments
Ahmad Noor
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
