Application under Section 482 Cr.P.C. dismissed as not maintainable due to non-existence of liberty to file after dismissal of a prior petition for the same cause.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 18326 of 2021
Applicant :- Smt. Priyanka Tawar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- G.A.,Jawahir Yadav
Hon'ble Manish Kumar,J.
Learned AGA has raised preliminary objection regarding maintainability of the present petition as the applicant had already preferred a petition before this Court bearing APPLICATION U/S 482 No. - 8212 of 2021 and the same was dismissed as not pressed vide order dated 03.03.2020, copy of which is already enclosed as Annexure no. 1 to the present petition. He further submits that neither learned counsel for the applicant prayed for liberty to file fresh nor any liberty has been given by this Court for filing fresh petition for the same cause.
After hearing learned counsel for the applicant and learned AGA and going through the record, wherein in para 3, it has been submitted that it is a second application under Section 482 Cr.P.C. on behalf of the applicant and the dismissal of the same has been disclosed in para 2 of the present petition. From perusal of the order dated 03.02.2020, it is found that neither liberty was prayed by the applicant in the earlier petition bearing APPLICATION U/S 482 No. - 8212 of 2021 nor any liberty was granted by this Court, as such, it is the second petition for the same cause for which the earlier petition, as mentioned above, was dismissed as not pressed without there being any order of liberty to file fresh and hence, the present petition being the second petition, for the same cause is not maintainable.
Accordingly, the present petition is dismissed.
Order Date :- 28.3.2022 Nitesh
Digitally signed by NITESH KUMAR TEWARY Date: 2022.03.29 09:24:20 IST Reason: Location: High Court of Judicature at Allahabad
Smt. Priyanka Tawar
State of U.P.
Manish Kumar
As recorded by the court registry
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