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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33165 of 2025 Court No. - 48 HON'BLE KSHITIJ SHAILENDRA, J.
1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State-opposite party No. 1.
2. The instant application under Section 528 BNSS has been filed by the applicant for quashing the charge sheet dated 07.07.2022 as well as entire proceedings of Case No. 2033 of 2022 (State vs. Govind Swaroop and others), arising out of Case Crime No. 117 of 2022, under Sections 406 and 420 IPC, Police Station Dauki, District Agra pending in the court of Judicial Magistrate, Fatehabad, District Agra.
3. Learned A.G.A. pointed out that cause list contains reference of previously moved Application u/s 482 Cr.P.C. No. 39075 of 2022 (Govind Swaroop Dachh Prajapati vs. State of U.P. and another), which has been disposed of by order dated 07.12.2022, but no disclosure has been made in the present application.
4. Learned counsel for the applicant submits that his client did not inform him about the said proceedings.
5. Be that as it may, the order passed in the previous application has been perused by this Court on the official website of this Court and it reveals that making same prayers, the earlier application was filed by the applicant, wherein this Court granted protection to the applicant in terms of decision of Hon'ble Supreme Court in Satendra Kumar Antil vs. Central Bureau of Versus Counsel for Applicant(s) : Hridai Narayan Sharma, Vipin Kumar Singh, Vishwanath Yadav Counsel for Opposite Party(s) : G.A. Govind Swaroop .....Applicant(s) State of U.P. and another .....Opposite Party(s)
Investigation and another : (2021) 10 SCC 773.
6. In view of concealment of material fact regarding previously instituted and decided matter, this Court is not inclined to entertain the present case on merits.
7. The application being second application for the same cause of action is not maintainable and is, accordingly, dismissed without imposing any cost. September 10, 2025 Sazia NA528 No. 33165 of 2025 2 (Kshitij Shailendra, J.) Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad