Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2436 of 2019 Petitioner :- Amir Ansari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dheeraj Kumar Pandey,Dewarshi Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dewarshi Kumar Rai, learned counsel for the petitioner and Ms. Archana Singh, learned A.G.A. for the State.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 15.01.2019 registered as case crime No.14 of 2019, under Section 363, 366 I.P.C., P.S. Kanth, District Moradabad.
Learned AGA has pointed out that petitioner along with his family members has also filed Crl. Misc. Writ Petition No. 2412 of 2019 for quashing the FIR of the present case which is also listed today before this Court and and the present petition of the petitioner is a second one but the said 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 another 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 he was having no knowledge about filing of the earlier petition. He tendered his unconditional apology for again filing the present petition on behalf of the petitioner and prays that the present petition be dismissed as not pressed.
The contention of 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 another petition, hence the present writ petition is dismissed with an exemplary cost of Rs.5,000/- on the petitioner which shall be deposited by the petitioner 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 record of Crl. Misc. Writ Petition No. 2412 of 2019.
The Registrar General of this Court is directed to send a copy of this order to the C.J.M. concerned for its compliance.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019/Madhurima