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Allahabad High Court · body

2016 DIGILAW 126 (ALL)

Mohd. Nusrat Khan v. State of U. P.

2016-01-11

MAHENDRA DAYAL

body2016
JUDGMENT Mahendra Dayal, J. Heard learned counsel for the applicant and the learned AGA for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicant for quashing of the order dated 06.08.2015 passed by learned Additional Chief Judicial Magistrate, Court No.1, Sitapur in Criminal Case No.552/2007, whereby the application of the applicant for further investigation has been rejected. 3. It has been contended by the learned counsel that the applicant had earlier approached this Court by way of filing application under Section 482 Cr.P.C. in which it was contended that the parties have already divorced each other and the applicant is the government employee. The aforesaid application was disposed of by this Court on 15.05.2002 with the observations that if the documents relating to divorce are handed over to the police inspector, who is investigating the case, he shall verify the same and then proceed in the matter. It appears that in the year 2004, the applicant again approached this Court by filing another application under Section 482 Cr.P.C. which was also disposed of on 30.07.2004 giving liberty to the applicant to appear before the court below within a week and seek bail. The applicant instead of seeking bail in pursuance of the order dated 30.07.2004, moved an application for further investigation on 15.12.2004, which was rejected by the impugned order. 4. Learned AGA has submitted that since the applicant had been granted liberty by this Court to appear before the court below and seek bail, therefore, the application for further investigation has rendered infructuous and there is no justification for further investigation. Keeping this fact, learned Magistrate has rejected the application. 5. Learned counsel for the applicant at this stage submits that the applicant is ready to appear before the court below provided some protection is given to him. 6. In view of above, the application under Section 482 Cr.P.C., is disposed of with the direction that if the applicant appears before the court below within three weeks, from today, his prayer for bail shall be considered expeditiously in accordance with law laid down by Hon'ble the Supreme Court.