VIVEK KUMAR BIRLA,J. - (1.) Heard Sri Ashutosh Kumar Tripathi learned counsel for the applicants as well as Sri S. Rashid, learned counsel for the opposite parties and perused the record.
(2.) On 15.2.2017 following order was passed: "Heard learned counsel for the applicants and learned A.G.A. for the State. The present 482 Cr.P.C. application has been filed for quashing the proceedings of Case No. 252 of 2016 (State v. Sushil Rai and others) arising out of Case Crime No. 329 of 2014 under Sections 406, 419, 420, 506, 467, 468, 471 I.P.C., Police Station Jiyanpur, District Azamgarh pending before Additional Chief Judicial Magistrate, Court No.12, District Azamgarh. Learned counsel for the applicants contends that in the present cognizance has bee taken twice firstly on 16.03.2016 and secondly on 30.07.2016, copy of which order is annexed as Annexure-18 and 21 to the affidavit accompanying the 482 Cr.P.C. application. It is further contended that against the order cognizance taking order 30.07.2016, the applicants approached this Court by way of filing Criminal Misc. (482) Application No. 27295 of 2016 which application was dismissed by another Bench of this Court vide order dated 23.09.2016, copy of which order is annexed as Annexure-22 to the affidavit accompanying the 482 Cr.P.C. application. Learned counsel has further argued that it appears that the aforesaid fact regarding taking cognizance twice could be brought to the notice of the Court, therefore the said 482 Cr.P.C. application has been dismissed. Accordingly, put up this case along with records of Criminal Misc. (482) Application No. 27295 of 2016 on 22.02.2017. Learned counsel has argued that now non-bailable-warrant has been issued against the applicants and some interim protection may be granted. Till the next date of listing, coercive action against the applicants shall be kept in abeyance."
(3.) Since the application under section 482 Application No. 27295 of 2016 (Susheel Rai and others v. State of U.P. and another) , which was filed for quashing the order dated 30.7.2016 passed by the Additional Chief Judicial Magistrate, Court No. 12, Azamgarh and the entire proceedings of Criminal Case No. 252 of 2016 (State v. Susheel) arising out of Case Crime No. 329 of 2014 , under Sections 406, 419, 506, 467, 468, 471 IPC, P.S. Kotwali Jiyanpur, was heard and dismissed by me vide judgement and order dated 23.9.2016, the present application under section 482 was directed to be placed before me vide order dated 21.8.2017 after seeking nomination from Hon'ble The Chief Justice. The matter has now been nominated to me by Hon'ble The Chief Justice vide order dated 1.9.2017.;