Ravindra Singh, J. - (1.) This application is filed by applicant Har Pal Singh with a prayer to quash the charge-sheet dated 3.10.2004 in Case No. 9 of 2004 under sections 467, 468, 471 and 420, I.P.C. P.S. Kairana, district Muzaffarnagar pending in the Court of learned A.C.J.M., Kairana, Muzaffar-nagar vide Criminal Case No. 3557 of 2004.
(2.) A preliminary objection has been raised by Sri Manu Saxena learned Counsel for the opposite party No. 2 that this application is not maintainable because the applicant and 3 others co-accused persons namely Ratna, Shripal and Rishipal have already filed a Criminal Misc. Writ Petition No. 54613 of 2005 against the order dated 2.12.2004 by which the learned A.C.J.M., Kairana has taken the cognizance and summoned the accused persons on the basis of the charge-sheet submitted against them. That writ petition, was dismissed by this Court on 16.3.2005.
(3.) The learned Counsel for the applicant opposed the preliminary objection raised by opposite party No. 2 by submitting that the present application has been filed against the charge-sheet with a prayer to quash the criminal proceedings and the writ petition was filed only against the order dated 2.12.2004 by which the learned A.C.J.M., Kairana had taken the cognizance and summoned the accused persons.;