Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20076 of 2019 Petitioner :- Hanif And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Ajay Kumar Srivastava, learned counsel for the petitioners and Sri A.R. Chaurasia, learned AGA for the State.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 08.07.2019 registered as case crime no. 292 of 2019 under sections 3/5/8 of Cow Slaughter Act, police station Sahaswan, District Budaun.
Learned AGA has pointed out that the petitioners have earlier approached this Court and filed Crl. Misc. Writ Petition No. 19118 of 2019 for quashing the FIR of the present case which has been dismissed by this Court vide order dated 15.07.2019 but the said fact has not been disclosed by the petitioners in the present writ petition which amounts to material concealing fact. 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 petitioners have no knowledge about filing of the earlier petition, hence the present writ petition is dismissed with an exemplary cost of Rs. 5,000/- on each of the petitioners, which shall be deposited by the petitioners of the present case, namely, Hanif, Sahid, Fahim, Mohammad Rafique, Afeen, Muslim, Sauvi, Seebu and Shanu within one month from today in the court of C.J.M. concerned and half of which shall be given to respondent no. 5 and half 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. 19118 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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 Anand