Arif Khan Vs State of U.P. and Another

Neutral Citation No. - 2023:AHC:121078

Court No. - 66

Case :- APPLICATION U/S 482 No. - 19202 of 2023 Applicant :- Arif Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Budhi Sagar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri Vikas Sahai, learned A.G.A. for the opposite party no. 1, and perused the record.

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The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 17.05.2017 submitted in Case No. 694 of 2018, State v. Arif, arising out of Case Crime No. 52 of 2017, under Section 376 I.P.C., Police Station Mataundh, District Banda as well as the cognizance order dated 11.07.2017 passed in the said case.

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At the outset learned A.G.A. has raised a preliminary objection that the applicant has earlier approached this Court by filing Application U/S 482 No. 32065 of 2017, Arif Khan v. State of U.P. and another, which has been dismissed vide order dated 10.11.2021. Therefore, the present application being the second application is not maintainable.

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A perusal of the order dated 10.11.2021 shows that earlier application of the applicant has been dismissed as infructuous with liberty to file appropriate application if the matter survives. The applicant has again approached this Court challenging the chagesheet of the said case. Hence, the instant application being the second application for the same cause of action is not maintainable and it is, accordingly, dismissed.

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However, dismissal of this application will not preclude the applicant from moving appropriate application for recall of the order passed in earlier Application U/S 482 No. 32065 of 2017.

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Order Date :- 30.5.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Arif Khan v. State of U.P. and Another

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Arif Khan v. State of U.P. and Another

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