Santosh and Others vs State of U.P. and Others

Bala Krishna Narayana, J.—Heard learned Counsel for the Petitioners and learned A.G.A.

This writ petition has been filed by the Petitioners against the judgment and order dated 14.10.2010 passed by the Chief Judicial Magistrate, Aligarh by which the Petitioners have been summoned for facing trial for offence punishable u/s 302 I.P.C. and 3(1)(x) S.C./S.T. Act.

The submission is that on the same set of facts on which the impugned complaint has been filed the opposite party No. 2 had lodged a first information report on the basis of which Case Crime No. 139 of 2009 was registered against the Petitioners in which charge sheet was submitted and the Petitioners had obtained bail and thus, the prosecution of the Petitioners for the same offence is not permissible under the law.

After having considered the submissions advanced by the learned Counsel for applicant, learned A.G.A. and perused the impugned order as well as the other materials brought on record, without expressing any opinion on the merits of the case, this criminal writ petition is finally disposed of with liberty to the Petitioners to move an application u/s 210 Code of Criminal Procedure before the concerned Magistrate within two weeks from today along with a certified copy of this order raising all the grounds which has been taken in this writ petition and in case any such application is filed by the Petitioners, the court concerned shall pass appropriate order thereon within a further period of one week. For a period of three weeks from today no coercive measures shall be taken against the Petitioners.