- (1.) HEARD learned counsel for the applicant and learned A.G.A. for the State.
(2.) THE present application under Section 482 Cr.P.C. has been filed for quashing the order dated 09.04.2014 passed by Judicial Magistrate (First), Agra in Criminal Case No. 2087 of 2009 arising out of Case Crime No. 311 of 1995, State Vs. Ajay Kumar Paliwal, under section 409 IPC, Police Station -Khandaulee, District -Agra and to stay the aforesaid proceedings.
(3.) LEARNED counsel for the applicant submits that vide the impugned order dated 09.04.2014, copy of which has been annexed as Annexure No. 3 (Page No. 19) his second application under section 311 Cr.P.C. has been rejected. A perusal of the impugned order dated 09.04.2014 shows that initially an application under section 311 Cr.P.C. was filed which was rejected on 08.04.2013 aggrieved against which a revision too was filed and the revision was dismissed. The court has dismissed the present second application on the ground that apparently it has been filed in order to remove the lacuna and moreover the trial is pending since 1995. Counsel for the applicant has drawn the attention of the court to his application, copy of which has been annexed in page no. 16 with the heading as second application under section 311 Cr.P.C. In the said application certain document has been mentioned serially with the prayer that the said documents may be summoned by the court in the interest of justice. A perusal of the impugned order shows that the first application under section 311 Cr.P.C. was rejected merely on the ground that the documents sought to be summoned were not mentioned serially aggrieved against which the revision was filed and the revision too was dismissed on the ground that specific document has not been mentioned.;