Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10409 of 2018 Petitioner :- Guddu @ Akhilesh Umar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nanhe Lal Tripathi,Ajai Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Nanhe Lal Tripathi, learned counsel for the petitioners, Sri N.K. Verma, learned AGA appearing for the State and perused the record.
This writ petition has been filed with a prayer to quash the FIR dated 27.3.2018, registered as Case Crime No.66 of 2018, under Sections 419, 420, 467, 468, 471 IPC, Police Station- Kishanpur, District Fatehpur.
Learned AGA has pointed out that the petitioner along with other co-accused has earlier approached this Court and filed Crl. Misc. Writ Petition No.8314 of 2018 for quashing the FIR of the present case which has been dismissed by this Court vide order dated 4.4.2018 but the said fact has not been disclosed by the petitioners in the present writ petition. He further stated that filing of earlier petition by the petitioners cannot be ignored and petitioners were fully conscious about the same, hence some exemplary cost should be imposed on the petitioners.
On a query being made regarding filing of the earlier writ petition, learned counsel for the petitioners 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 petitioners 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 the earlier petition, hence the present writ petition is dismissed with an exemplary cost of Rs.5,000/- on the each petitioner which shall be deposited by the petitioners, namely, Guddu @ Akhilesh Kumar, son of Vijay Singh, r/o village Bhirakhpur, P.S. Bindki, District Fatehpur, Bablu @, Manoj Kesharwani son of Krishna Kumar resident of village Naraini, P.S. Naraini, District Fatehpur 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.8314 of 2018 (Akhilesh Kumar @ Guddu and another vs. State of U.P. and 03 others).
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 :- 24.4.2018 AU