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Mohammad Imran Khan And Another vs State Of U.P. And Another on 17 March, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- APPLICATION U/S 482 No. – 9863 of 2020

Applicant :- Mohammad Imran Khan And Another

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Anirudha Pandey

Counsel for Opposite Party :- G.A.

Hon’ble Samit Gopal,J.

Sri Anirudha Pandey, learned counsel appears for the applicants. Learned A.G.A. is present for the State.

The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the non-bailable warrant issued vide order dated 14.10.2019 passed by the Civil Judge (Senior Division)/F.T.C., Kanpur Nagar in Case No. 77540 of 2017 (Smt. Bazmi Khatoon Vs. Mohd. Imran Khan and others) concerning Case Crime No. 122 of 2017, under Sections 498A, 323, 324, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Bekanganj, District- Kanpur Nagar and further the order dated 26.2.2020 passed by the said court.

Learned counsel for the applicants placed some arguments to which learned A.G.A. raised a preliminary objection regarding the maintainability of the present application particularly in the light of the fact that a Criminal Misc. Application U/S 482 No. 22310 of 2019 (Mohammad Imran and another Vs. State of U.P. and another) was earlier filed by the applicants of the present application in which the prayer for quashing the proceedings in so far as it related to the applicant no. 1/Mohammad Imran Khan/husband is concerned, was rejected vide order dated 4.6.2019, copy of which is annexure no. 6 to the present application and certain directions were issued by the co-ordinate Bench granting him two months time to appear and seek bail. In so far as the application for the applicant no. 2/Mohammad Irfan Khan was related, the same was entertained, notices were issued to the opposite party no. 2, time was granted to the opposite parties therein to file counter affidavit and till further orders of this Court further proceedings of the case as pending before the court below, was stayed in so far as it related to the applicant no. 2 therein only.

It was argued by the learned A.G.A. that the present application is not maintainable as the applicant no. 1 has not complied with the order passed in the previous 482 Cr.P.C. application and the application of the applicant no. 2 is still pending before this Court.

Learned counsel for the applicants then prays that the present application be dismissed as withdrawn.

The prayer is allowed.

The present application is dismissed as withdrawn but without any further liberty.

Order Date :- 17.3.2020

Naresh

(Samit Gopal,J.)

 

 

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