Dismissed¶17

Ravi Karan and 8 Others v. State of U.P. and Another

Allahabad HC5 May 2025NA528/6453/2025

Case brief

AI extract

What is this about?

Ravi Karan v. State of U.P.; Allahabad High Court; 2025:AHC:72985; APPLICATION U/S 528 BNSS No. 6453 of 2025; Manju Rani Chauhan, J.; maintainability of second application under Section 528 BNSS; earlier application U/s 482 CrPC No.30712 of 2010 dismissed 28.09.2010; quashing of charge sheet no.199/10 dated 09.04.2010; N.B.W. order dated 30.09.2023; Case No.4680 of 2010; Case Crime No.129 of 2009; Sections 419, 420, 467, 468, 469, 471, 323, 342, 504, 506 IPC; Police Station Vijay Nagar, District Ghaziabad; Additional Chief Judicial Magistrate Court No.02 Ghaziabad; application dismissed as not maintainable; no relief granted.

What did the court decide?

None; the application was dismissed as not maintainable. ¶17

Ravi Karan and 8 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:72985

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Court No. - 52

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Case :- APPLICATION U/S 528 BNSS No. - 6453 of 2025

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Applicant :- Ravi Karan And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Ankaj Kumar Pal, Advocate holding brief of Mr. Ajay Singh Yadav, learned counsel for the applicants and Mr. Mayank Awasthi, learned counsel for the State.

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This application has been filed with a prayer to quash the charge sheet no.199/10 dated 09.04.2010 and N.B.W. order dated 30.09.2023 as well as the entire proceedings of Case No.4680 of 2010 (Ravi Karan and others vs. State of U.P.), arising out of Case Crime No.129 of 2009, under Sections 419, 420, 467, 468, 469, 471, 323, 342, 504, 506 IPC, Police Station-Vijay Nagar, DistrictGhaziabad, which is pending before the court of Additional Chief Judicial Magistrate, Court No.02, Ghaziabad

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At the very outset, learned AGA points out that earlier an application U/s 482 CrPC No.30712 of 2010 (Ravikaran and others vs. State of U.P. and another) has been filed, wherein on 28.09.2010, the Co-ordinate Bench of this Court passed the following order:-

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"Heard Sri Manoj Kumar Mishra, learned counsel for the applicants, Smt. Malti Sharma, learned Advocate for the applicants and learned A.G.A. for the State-respondents.

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Supplementary affidavit filed today is taken on record.

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Perusal of the record indicates the commission of offence in which applicants have been summoned and, therefore, I do not find any reason to interfere and quash the charge sheet of case No. 129 of 2009 under Sections 420, 467, 468, 471, 489, 120B, 447, 323, 342, 427, 504, 506, 147 I.P.C., P.S. Vijay Nagar, District Ghaziabad pending in the court of Chief Judicial Magistrate, Court No. 3, Ghaziabad.

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This criminal misc. application is bereft of merit and is dismissed with a direction that the bail prayer of the applicant in the aforesaid case be considered expeditiously, if possible on the same day by both the courts below."

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Accordingly, this is second application U/s 528 BNSS, challenging the entire proceedings along with consequential order dated

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30.09.2023 vide which N.B.W. has been issued.

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To the aforesaid objection, Mr. Ankaj Kumar Pal, Advocate holding brief of Mr. Ajay Singh Yadav, learned counsel for the applicants is not prepared to address the Court on any issue.

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This Court finds that the present application has been filed challenging the same proceedings as well as consequential order, therefore, this is second application, which is not maintainable.

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Accordingly, the present application is dismissed as not maintainable.

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Order Date :- 6.5.2025 Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Ravi Karan and 8 Others v. State of U.P. and Another

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Ravi Karan and 8 Others v. State of U.P. and Another

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