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2025 DAILYLAW 104680 (ALL)

RAJKAMAL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/35088/2024 · 2025-02-12

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20771 Court No. - 52 Case :- APPLICATION U/S 482 No. - 35088 of 2024 Applicant :- Rajkamal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azhar Hussain,Ravitendra Pratap Singh Chandel Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. 2. This application under Section 482 Cr.P.C. has been filed to quash the impugned order dated 27.08.2021 as passed by learned Additional Chief Judicial Magistrate, 1stin Criminal Case No.1743 of 2012 (State of U.P. vs. Rajkamal), arising out of Case Crime No.76 of 2012, under Sections 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police Station- Malpura, District- Agra. 3. Learned counsel for the applicants submits that earlier challenging the proceedings, an Application U/S 482 No.37166 of 2013 (Rajkamal and 4 Ors. vs. State of U.P. And Another) was filed wherein protection was granted to all the applicants except applicant no.1 Rajkamal by order dated 21.10.2013. Later, the aforesaid application was dismissed for want of prosecution vide order dated 10.04.2017. Now non-bailable warrants have been issued against the applicants on 27.08.2021, therefore, the same has been challenged along with the proceedings. 4. Learned A.G.A. for the State on the other hand submits that this is second application filed under Section 482 Cr.P.C. and the consequential order should have been challenged in the earlier application filed under Section 482 after moving a recall application for the same. 5. In view of the above, the present application is dismissed. Order Date :- 13.2.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad