RAVI KARAN AND 8 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/6453/2025 · 2025-05-05
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23487 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23487 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:72985 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 6453 of 2025 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. Hon'ble Mrs. Manju Rani Chauhan,J. 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. 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, District- Ghaziabad, which is pending before the court of Additional Chief Judicial Magistrate, Court No.02, Ghaziabad 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:-
"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. Supplementary affidavit filed today is taken on record. 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. 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." Accordingly, this is second application U/s 528 BNSS, challenging the entire proceedings along with consequential order dated
30.09.2023 vide which N.B.W. has been issued. 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.
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. Accordingly, the present application is dismissed as not maintainable. Order Date :- 6.5.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad