Court held that since an earlier Section 482 application for identical relief was dismissed on 16.11.2016, the present duplicate application is not maintainable and is dismissed.
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Court No. - 22
Case :- APPLICATION U/S 482 No. - 25 of 2019
Applicant :- Ramsevak Mallah And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Bhushan Yadav Counsel for Opposite Party :- G.A.,Sanjeev Kumar Singh
Hon'ble Salil Kumar Rai,J.
On the previous date, when the case was heard i.e on 8.1.2019, the counsel for the opposite party no.2 informed the Court that the present application under Section 482 Cr.P.C is the second application for the same relief as prayed in the present application and the previous application filed by the applicant under Section 482 Cr.P.C. i.e Application No.34864 of 2016 was decided by this Court vide its order dated 16.11.2016. The said order has been handed over to the Court by counsel for the opposite party no. 2 and the same is taken on record.
The counsel for the applicant was, on the last date, granted time to explain the recital in paragraph -2 of the affidavit filed in support of the application wherein it was stated that the present application was the first application being filed by the applicant under Section 482 Cr.P.C for the same relief as prayed in the present application.
Today, the counsel for the respondent states that the applicant was not able to reach Allahabad and therefore, the required affidavit could not be prepared and filed.
It would be serve no purpose to keep this application pending just to seek an explanation from the applicant.
In view of the order dated 16.11.2016 passed by this Court in Application under Section 482 No.34864 of 2016 and the fact that the previous Application under Section 482 Cr.P.C had already been filed by the applicant for the same relief and was disposed of by order dated 16.11.2016, the present application is not maintainable and is dismissed as such.
Order Date :- 21.1.2019 IB
1 issue framed by the court
whether the present application is maintainable after a prior Section 482 application on the same relief was dismissed.
Ramsevak Mallah and 3 Others
Salil Kumar Rai
As recorded by the court registry
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