Disposed
Shaharyar and 4 Others v. State of U.P. and Another
Allahabad HCA482/26140/2019
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Case :- APPLICATION U/S 482 No. - 26140 of…
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Case :- APPLICATION U/S 482 No. - 26140 of…
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Court No. - 47
Case :- APPLICATION U/S 482 No. - 26140 of 2019 Applicant :- Shaharyar And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 622 of 2018 (Noorjaha Vs. Shaharyar and Othres) under Sections 323, 326, 354, 452, 504, 506 IPC, Police Station- Itawa, DistrictSiddharth Nagar. Further proceedings of the aforesaid case are also prayed to be stayed.
Submission of the learned counsel for the applicants is that in respect to the same incident two parallel proceedings are going on i.e. Case Crime No. 0024 of 2018 under Section 323, 504 and 325 I.P.C., P.S.-Itwa, District- Siddharth Nagar in which charge sheet has been submitted against the applicants and proceedings are pending; secondly in the present proceeding arising out of Complaint Case No. 622 of 2018 under Sections 323, 326, 354, 452, 504, 506 IPC, Police Station- Itawa, District- Siddharth Nagar, the applicants have been summoned by means of order dated 21.5.2019, which is under challenged on the ground that two different cases for the same offence cannot be proceeded.
Learned A.G.A. opposed the submissions by stating that the applicants have statutory alternative remedy to move application under Section 210 Cr.P.C. before competent Court in this respect and this application is liable to be rejected.
I have considered the submissions of learned counsel for the parties and I am of the view that this petition be disposed of relegating the applicants to move appropriate application before competent Court for redressal of their grievance and this Court expects that whenever such application is moved before the competent Court below the same shall be heard and decided in accordance with law as expeditiously as possible after affording opportunity of hearing to the parties concerned.
With the above observations, this application stands disposed of.
Order Date :- 5.7.2019//Fhd.
Shaharyar And 4 Others
Umesh Kumar
As recorded by the court registry
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