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2025 DAILYLAW 7464 (ALL)

HARINATH ALIAS HARIMURAT PANDEY v. STATE OF U.P. AND ANOTHER

A482/1254/2025 · 2025-03-16

Manju Rani Chauhan

body2025

Judgment text

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Court No. - 52 Case :- APPLICATION U/S 482 No. - 1254 of 2025 Applicant :- Harinath Alias Harimurat Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- J. N. Dwivedi Counsel for Opposite Party :- Bhole Ram,G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. J. N. Dwivedi, learned counsel for the applicant, Mr. Bhole Ram, learned counsel for the opposite party no.2 and learned A.G.A. for the State. The instant application has been filed with the following prayer:- "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and continue order dated 07.11.2005 passed by Hon'ble Court in Criminal Misc. Application u/s 482 No.16110 of 2005 (Ram Surat and Another Vs. State of U.P. and another) and stay the further proceedings, recall order dated 28.08.2023 and stay non- bailable warrant (NBW) in Case No.251 of 2020, arising out of Case No.313 of 2005, arising out of Compliant Case No.51 of 2019 (Old No.1584 of 2005), under Sections 323, 504, 506, 394 IPC and Section 3(1)10 of SC/ST Act, P.S.- Gopiganj, District-Sant Ravidas Nagar (Bhadohi), pending in the court of Special Judge (SC/ST Act), Bhadohi, Gyanpur taken cognizance and issued non-bailable warrant (NBW) against the applicant." Before considering the present application on merits by the Court, learned A.G.A. has raised preliminary objection to the maintainability of the present application by submitting that this is the third application filed by the applicant under Section 482 Cr.P.C., challenging the same proceedings. Though the applicants had earlier approached before this Court by means of filing Criminal Misc. Application U/s 482 Cr.P.C. No.16110 of 2005, which was dismissed as infructuous in the year 2011. Subsequently an Application u/s 482 Cr.P.C. No.98 of 2024 (Harinath @ Harimurat Pandey Vs. State of U.P. and Another) was filed in which on 26.04.2024 the following order was passed:- "1. List revised. 2. None present on behalf of the parties to press the application. 3. List in the week commencing 12.8.2024." The aforesaid application was dismissed for want of prosecution by order dated 06.03.2025. Instead of moving recall application of the aforesaid order, the present Application u/s 482 Cr.P.C. No.1254 of 2025 (Harinath Alias Harimurat Pandey Vs. State of U.P. and Another) has been filed, which is not maintainable and is liable to be dismissed. In view of the aforesaid, this third application under Section 482 Cr.P.C., challenging the same proceeding, is not maintainable and is dismissed. Order Date :- 17.3.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad