HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 11
Case :- U/S 482/378/407 No. – 4706 of 2019
Applicant :- Mahesh Prasad Maurya
Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Anr.
Counsel for Applicant :- Anil Kumar Awasthi
Counsel for Opposite Party :- G.A.
Hon’ble Rajeev Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This application has been filed for quashing of the entire proceedings of the case bearing R.B.T. No. 6366 of 2013 under Section 406 I.P.C., P.S. Gudamba, District Lucknow as well as summoning order dated 25.05.2019 and 30.05.2019 passed by Judicial Magistrate, II, Lucknow.
Learned counsel for the applicant submits that the proceedings of Complaint Case No. RBT 6366 of 2013 (Amit Kumar Pandey Vs. Mahesh Prasad Maurya) as well as non-bailable warrant dated 31st January, 2017 were challenged by the applicant by filing Application u/s 482/378/407 No. 2319 of 2017 (Mahesh Prasad Maurya Vs. State of U.P. Anr.), which is still pending. It is further submitted that after hearing learned counsel for the parties, vide order dated 12th April, 2017, notices were issued to respondent no. 2 and interim order was also passed in the aforesaid case. It is further submitted that during the pendency of the aforesaid case and moreover, despite the interim protection given by this Court, the court below passed the impugned order dated 30th May, 2019 in the aforesaid complaint, which is reproduced hereunder:
“Application filed by counsel of accused for taking order of Hon’ble High Court on record.
Authenticated copy of order dated 12.04.2017 has filed which has already been mentioned in the earlier order. Therefore, in the light of direction of the Hon’ble Supreme Court in Asian Resurfaining case and C.L. no. 12/Adin G-II Dated/Allahabad 26.04.2018. Since there is no specific stay order after 20.04.2017. Therefore summon be issued to the accused.
Put up on 06.07.2019 for appearance.”
Learned A.G.A. opposes the application and states the impugned proceedings of the aforesaid complaint case is already under challenge in the earlier application being Application u/s 482/378/407 No. 2319 of 2017 and in such circumstances, this second application is not maintainable.
Submission of the learned counsel for the applicant is that the order dated 30th May, 2019, which is challenged in the present petition, has been passed in a most mechanical manner and without considering the interim order dated 12.04.2017 passed by this Court.
After considering the arguments advanced by the learned counsel for the parties and after going through the record, it is found that the Application u/s 482/378/407 No. 2319 of 2017 (Mahesh Prasad Maurya Vs. State of U.P. Anr.) is also pending, in which the impugned proceedings of the aforesaid complaint are challenged and, therefore, no question arises to file the second application.
Considering the aforesaid facts and circumstances of the case, this application is dismissed.
However, it is open to the applicant to move proper application in the pending Application u/s 482/378/407 No. 2319 of 2017.
Order Date :- 15.7.2019