Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14104 of 2018 Petitioner :- Ajeet @ Golu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chandra Agrahari,Hardev Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ramesh Chandra Agrahari, learned counsel for the petitioner and Sri Vikas Sahai, learned A.G.A. for the State and perused the record.
This writ petition has been filed by the petitioner with a prayer to quash the impugned F.I.R. dated 14.11.2017 registered as Case Crime No. 603 of 2017, under Section 147, 148 and 302 IPC and 3(2)5 SC/ST Act, Police Station Jhunsi, District Allahabad.
Learned A.G.A. pointed out that the petitioner has earlier approached this Court and filed Crl. Misc. Writ Petition No. 1581 of 2018 for quashing the FIR of the present case which has been dismissed by co-ordinate Bench of this Court vide order dated 31.1.2018 but the said fact fact has not been disclosed by the petitioner in the present writ petition. He further stated that filing of earlier petition by the petitioner cannot be ignored and petitioner was fully conscious about the same, hence some exemplary cost should be imposed on the petitioner.
On a query being made regarding filing of the earlier writ petition, learned counsel for the petitioner could not give satisfactory reply for filing of the same and again for filing of the present writ petition. He submits that was having no knowledge about filing the present petition on behalf of the petitioner and prays that the present petition be dismissed as not pressed.
The contention of the learned A.G.A. appears to have force.
Considering the facts and circumstances of the case, We are of the opinion that it cannot be said that the petitioner has no knowledge about filing of the earlier writ petition, hence the present petition is dismissed with an exemplary cost of Rs. 15,000/- which shall be deposited by the deponent of the present case within one month from today in the court of C.J.M. concerned which shall be given to the Legal Service Cell of the District, failing which the same shall be recovered as arrears of land revenue.
Accordingly, the present writ petition stands dismissed.
Office is directed to keep a copy of this order along with the record of Crl. Misc. Writ Petition No. 1581 of 2018.
The Registrar General is directed to send a copy of this order be sent to the C.J.M. concerned for its compliance.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.5.2018 A.P. Pandey