- (1.) This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of complaint case no. 141 of 2014 (Harpreet Singh Vs. Smt. Anjali Sharma and others) arising out of protest petition filed on final report in case crime no. 216 of 2013, under Sections 420/406 IPC, Police Station Shikarpur, district Bulandshahar pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Bulandshahr and also the order dated 6.1.2016 passed by the court concerned issuing non bailable warrant against the applicant during further investigation relating to crime no. 216 of 2013. Further prayer has been made to stay further proceedings of the aforesaid complaint case.
(2.) Submission of the learned counsel for the applicant is that proceedings of the complaint case no.141 of 2014 has been stayed by this Court in an Application U/S 482 No. 1008 of 2016 (Smt. Anjali Sharma and another Vs. State of U. P. and others) on 18.1.2016 which started after treating the protest petition as complaint. The court concerned on 6.1.2016 issued non bailable warrant against the applicant in the investigation started taking recourse of the provisions of Section 173 (8) Cr.P.C. It was further argued that proceedings of the aforesaid complaint has also been stayed by the concerned Magistrate taking recourse of provisions of Section 210 Cr.P.C. The concerned police has started further investigation without obtaining any permission from the court concerned. While treating the protest petition as complaint the court concerned also did not direct for re-investigation but the police has started further investigation in the matter.
(3.) Learned A.G.A. opposed the prayer and argued that proceedings of the aforesaid complaint case has already been stayed by the concerned Magistrate, therefore, there is no need to pass any order for stay of the proceedings of the aforesaid complaint case. Non bailable warrant has been issued in crime no. 216 of 2013 and the police is investigating the matter taking recourse of provisions of Section 173 (8) Cr. P.C., therefore, this Court has no jurisdiction to pass any order in relation to crime no. 216 of 2013.;