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Smt. Sunita Badamo And 3 Others vs State Of U.P. And Another on 18 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 27448 of 2019

Applicant :- Smt. Sunita Badamo And 3 Others

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Omar Zamin,Brahma Kumar Tiwari

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants and learned AGA.

This application under Section 482 Cr.P.C. has been preferred by the applicants with a prayer to quash the entire proceedings of Case No. 8847/9 of 2016 (State Vs. Amit and others) arising out of case crime no. 194 of 2015 as well as summoning order dated 6.2.2019 passed by Chief Judicial Magistrate, Muzaffar Nagar, under Sectionsections 498A, Section323, Section377, Section354(b), Section506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Muzaffar Nagar.

It is submitted by the learned counsel for the applicants that for quashing of charge-sheet dated 5.7.2016 and proceedings of Case No. 8847/9 of 2016, the applicants have already preferred an Application under Section 482 Cr.P.C. No. 17527 of 2017, in which, vide order dated 29.5.2017 interim order was passed by the co-ordinate Bench of this Court directing that no coercive action shall be taken against the applicants till the next date of listing. It is further submitted that the aforesaid Application under Section 482 Cr.P.C. No. 17527 of 2017 is still pending before this Court, but on account of non-extension of stay order dated 29.5.2017, CJM, Muzaffar Nagar has passed the summoning order dated 6.2.2019 pursuant to direction given by the Constitutional Bench judgment of the Apex Court in case of Asian Resurfacing of Road Agency Pvt. Ltd. and other Vs. Central Bureau of Investigation AIR 2018 SC 2039, therefore, the applicants have preferred this application against the impugned summoning order dated 6.2.2019.

Per contra, learned AGA submitted that the present application is second application under Sectionsection 482 Cr.P.C., which is not maintainable, as the first Application under Section 482 Cr.P.C. No. 17527 of 2017 filed by the applicants is still pending.

After having heard the arguments of learned counsel for the parties, this Court is of the view that if First Application under Section 482 Cr.P.C. No. 15127 of 2017 of the applicant is pending before this Court, then the applicants have appropriate remedy to raise their grievance in the same petition. The impugned order dated 6.2.2019 passed by the CJM, Muzaffar Nagar in compliance of the Constitutional Bench judgment of the Apex Court in case of Asian Resurfacing of Road Agency Pvt. Ltd. (supra), therefore, there is no illegality or perversity in the impugned summoning order dated 6.2.2019.

The present application lacks merit and is, accordingly, dismissed.

Order Date :- 18.7.2019

AK Pandey

 

 

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