NAHEED ARA MOONIS, J. - (1.)HEARD Sri V.P.Srivastava, learned Senior Advocate assisted by Sri Lav Srivastava and Sri Vijay Shanker Mishra, learned counsel for the applicants , Sri B.R.Sharma and Shri A.K.Srivastava, learned counsel appearing on behalf of the opposite party no.2 and learned AGA and have been taken through the record.
(2.)BY means of the third application under section 482 Cr.P.C. the applicants have again approached this Court with the same prayer to quash the proceedings of the Criminal Case No. 651 of 2005 arising out of Case Crime No. 198 of 2003 (State of U.P.Vs. Suraj Bhan and others) pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Meerut for the offence punishable under Sections 420, 467, 468, 471, 406 and 120-B I.P.C. registered at police station Medical, District Meerut . It is congruous to demonstrate that after taking cognizance by the learned Magistrate in the aforesaid case , the applicants including Shambhoo Nath ( who is arrayed as applicant no.1) and has died approached this Court by means of Criminal Misc. Application No.3536 of 2004 praying for the same relief which is incorporated in the present application and all the identical grounds which have been taken in the present application were urged and advanced in the aforesaid application. The another Bench of this Court vide order dated 7th May 2004 disposed of the aforesaid application . The order dated 7th May 2004 passed by Hon'ble Mr.Justice R.C.Deepak disposing of the aforesaid application is delineated hereunder :-
"Heard Sri G.S Chaturvedi, learned Senior counsel assisted by Sri Sri Sumit Gopal, learned counsel for the applicants , Sri Kamal Krishna, learned counsel for the opposite party no.2 and learned Addl. Government Advocate for the State and perused the record. The contention of the learned counsel for the applicants is that the applicants be permitted to raise all these legal questions regarding the facts of the case before the trial court and the trial court shall dispose of those objections on the basis of the evidence on record and the law involved therein. Under the facts and circumstances of the case, in the event the applicants raise objections with regard to the facts of the case and the law involved therein, the trial court shall dispose of the same on the basis of the evidence on record and the law involved therein. However, the trial court shall not insist the personal appearance of the applicants unless required for specific purpose . With these observations, the application is disposed of."

Pursuant to the order dated 7.5.2004, the applicants filed their objections before the court below which was rejected by the court below vide order dated 26.11.2005.

(3.)THE operative part of the aforesaid order dated 7.5.2004 was only transcribed in the second application under section 482 Cr.P.C. and the same was also placed and argued before Hon'ble the Apex Court while challenging the order dated 29.5.2012 passed by this court in second Criminal Misc. Application No. 18442 of 2005 under section 482 Cr.P.C. At the cost of repetioin in the second application under section 482 Cr.P.C. also the same prayer for quashing the proceedings of Criminal Case No. 651 of 2005 was made along with the order dated 26.11.2005 passed by the trial court after the first Criminal Misc. Application No. 3536 of 2004 under section 482 Cr.P.C was disposed of .