Dismissed

Gulrez Ahmed v. State of Up and Another

Allahabad HC14 May 2019A482/18929/2019

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C. to quash criminal proceedings, the Single Judge rejected the petition as not maintainable because an identical application had already been disposed of by this Court in September 2018. The Court noted the applicant’s health issues but held the new filing duplicate. Surrender and bail were left as potential avenues.

What did the court decide?

Application under Section 482 Cr.P.C. rejected as not maintainable due to prior identical application.

Gulrez Ahmed Vs State of Up and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 18929 of 2019

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Applicant :- Gulrez Ahmed Opposite Party :- State Of Up And Another Counsel for Applicant :- Ashok Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Mohd. Asim Zulfiquar, Advocate has filed Vakalatnama on behalf of opposite party no.2, which is taken on record.

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This application under Section 482 Cr.P.C. has been filed on behalf of applicant with a prayer to quash the proceedings of Complaint Case No. 526 of 2015 (Smt. Arshi Nizam Vs. Gulrez Ahmad & Others), under Section 406 I.P.C., PSKareilly, District-Allahabad, pending in the Court of Additional Chief Judicial Magistrate, Court No. 4, Allhabad.

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Learned counsel for the applicant contended that applicant is heart patient, accordingly, he could not appear before the trial Court in due time.

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Learned counsel for the opposite party no.2 contended that applicant has filed an Application U/S 482 Cr.P.C. No. 30919 of 2018 (Gulrez Ahmad Vs. State of U.P. and another) before this Court for quashing the proceedings which has been disposed of vide order dated 13.09.2018. Accordingly, the second Application U/S 482 Cr.P.C. filed on the same ground is not maintainable.

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From perusal of the order dated 13.09.2018 passed by this Court in Application U/S 482 Cr.P.C. No. 30919 of 2018, it reveals that applicant has filed the said application for quashing the entire proceedings of aforesaid complaint case, which was already disposed of. Accordingly, this second application under Section 482 Cr.P.C. filed on the same ground is not maintainable.

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In the result, the instant application under Section 482 Cr.P.C. is rejected .

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However, if the applicant surrenders and applies for bail, his bail application shall be considered and decided as per observations made by this Court in the order dated 13.09.2018 passed in Application U/S 482 No. 30919 of 2018 (Gulrez Ahmad Vs. State of U.P. and Another).

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With the above observations, the application stands disposed of.

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Order Date :- 14.5.2019/AKT

Gulrez Ahmed v. State of Up and Another

Case brief

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Gulrez Ahmed v. State of Up and Another

Case brief

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