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Neutral Citation No. - 2025:AHC:85286 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1556 of 2025 Applicant :- Chanderbhan Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Kshitij Shailendra,J.
1. Prayer for expeditious disposal of proceedings arising out of Case Crime No. 164 of 2022 (State vs. Manoj and others), under Sections 420, 467, 468, 471, 504, 506, 120-B IPC, Police Station Walter Ganj, District Basti pending in the court of learned Additional Chief Judicial Magistrate (First), Basti has been made.
2. Learned Additional Government Advocate points out that Application under Section 482 Cr.P.C. No. 292 of 2025 filed by the applicant has already been dismissed by Co-ordinate Bench of this Court on 22.04.2025. Copy of the said order is annexed as Annexure No. 1 to the affidavit accompanying the application.
3. Learned counsel for the applicant submits that the aforesaid application was dismissed as not pressed with liberty to file a fresh.
4. However, the Court is not inclined to accept the submission in view of specific language used in the order wherein the Court had permitted the applicant to move appropriate application before the court of competent jurisdiction. The meaning and import of the
order is that the applicant has to approach the Court, where the proceedings are pending and not this Court again.
5. The present application being second application for the same relief and same cause of action is not maintainable.
6. The instant application is, accordingly, rejected.
7. However, liberty granted under the previous order dated 22.04.2025 is still available to the applicant, which may be availed by him, if so advised.
Order Date :- 21.5.2025 Sazia Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad