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Neutral Citation No. - 2025:AHC:143436 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29428 of 2025 Applicant :- Nandu @ Nand Kishor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The present application has been filed for quashing entire proceeding of Case no. 7175 of 2024 (State vs. Hariom and others) arising out of Case Crime no. 181 of 2016 under sections 147, 332, 333, 336, 353, 504, 506, 341 IPC and Section 7 of Criminal Law (Amendment) Act and section 3(2) of Prevention of Damage to Public Property Act, PS- Sidhpura, District Kasganj as well as charge sheet dated 19.09.2016 and cognizance/summoning order dated 23.11.2016 passed by learned Civil Judge (Senior Judge)/ACJM, Kasganj.
3. This is second application filed by the applicant. The earlier application u/s 482 Cr.P.C. no. 29864 of 2017 was disposed of on 20.09.2017 by the coordinate Bench of this Court with certain direction to which applicant has not complied with.
4. I am not inclined to exercise my discretion in favour of the applicant as the second application is not maintainable for the same cause of action. For same set of facts wherein earlier Application u/s 482 Cr.P.C. no. 29864 of 2017 has already been
disposed of vide order dated 20.09.2017 and if the applicant is aggrieved in shape of non-compliance of the order through which the stipulated time has already been extended in favour of applicant, applicant will be at liberty to prefer time extension application for the same.
5. Accordingly, the application u/s 528 BNSS is hereby dismissed.
Order Date :- 20.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad