SUDHIR KUMAR SAXENA, J. - (1.) This petition has been filed under Section 482 of Cr.P.C. challenging the chargesheet dated 09.06.2015 and cognizance order dated 11.03.2016 passed by Chief Judicial Magistrate, Lucknow in Case Crime No. 246 of 2011, summoning petitioner under Sections 420/304 I.P.C.
(2.) Heard Sri Jyotindra Mishra, learned Senior Counsel assisted by Sri Kamlesh Mishra, learned counsel for petitioner as well as Sri. Sudhir Srivistava (complainant), in person. It appears that petitioner had approached this Court by means of Writ Petition No. 8186 of 2011(MB) seeking quashment of the F.I.R. Division Bench of this Court while dismissing the said writ petition on 25.08.2011 observed that F.I.R. does disclose a cognizable offence and permitted petitioner to surrender before the courts below and move the application for bail which was to be considered expeditiously.
(3.) Matter was taken to Apex Court by means of S.L.P. no. 7122 of 2011 in which initially an interim order was passed but said S.L.P. was dismissed vide order dated 24.02.2016 which is being reproduced below: "It is submitted at the Bar that the charge -sheet has already been filed in the matter, therefore, it is not a fit case for our interference to quash the FIR. Hence, the special leave petition is dismissed. However, it is open for the petitioner to urge all such contentions available for him in law at the time of considering of framing of charge by the trial court. Further, as prayed, four weeks' time is granted to the petitioner to surrender and seek regular bail. If such an application is filed, the same shall be considered and disposed of in accordance with law expeditiously. All pending application(s) stand(s) disposed of." ;