Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23388 of 2018 Petitioner :- Israr And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Usha Srivastava,Shantanu Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Lal Chand Mishra holding brief of Ms. Usha Srivastava and Sri Shantanu Srivasava, learned counsel for the petitioners and Sri Deepak Mishra, learned AGA for the State.
This writ petition has been filed with a prayer to quash the F.I.R. dated 26.5.2018 registered as case crime no. 166 of 2018 under section 307 I.P.C., police station Haldaur, District Bijnor.
Learned counsel for the petitioners states that instruction was given to him by his client to oppose the earlier petition filed by the petitioners, i.e., Crl. Misc. Writ Petition No. 16306 of 2018 which was disposed of by co-ordinate Bench of this Court vide order dated 21.6.2018 directing the petitioners to surrender before the court below and obtain bail but in inadvertently he filed the present petition praying for quashing of the F.I.R. 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.
Learned AGA opposed the said prayer made by learned counsel for the petitioners and submitted that filing of earlier petition by the petitioners cannot be ignored and petitioners were fully conscious about the same as they are the beneficiary of the said order passed in the earlier petition filed by them, hence some exemplary cost should be imposed on the petitioners. So far as the explanation given by learned counsel for the petitioners for filing the present second petition that he filed the present petition inadvertently instead of opposing the said petition is not at all acceptable as it appears to be a false explanation on the face of it.
The contention of learned A.G.A. appears to have force as in the earlier petition filed by the petitioners following order was passed by co-ordinate Bench of this Court:-
"Heard learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 26.5.2018 in Case Crime No. 0166 of 2018 under Sections 307 I.P.C., P.S.- Haldaur, District- Bijnor.
It has been submitted by the learned counsel for the petitioners that the allegations made in the impugned F.I.R. regarding commission of offence by the petitioners under the aforesaid sections are palpably false and moreover the same do not disclose any cognizable offence. It is further submitted that both sides have lodged F.I.R. against each other. The impugned F.I.R. is thus liable to be quashed.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein, a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the petitioners, it is directed that in case the petitioners appear before the court concerned within thirty days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755 as well as judgement passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
It is further provided that if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the petitioners shall not be entitled to any benefit of this order.
With the above directions, this petition is disposed of finally. "
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. 50,000/- which shall be deposited by the deponent of the present petition, namely, Ahsan son of Yunus resident of House No. 63 Ibrahimpur, police station Heempur Deepa Tehsil Chandpur, police station Chandpur, District Bijnor as well as petitioners of the present case, namely, Israr son of Salam, Dilshad, Usman and Islam sons of Rahman all residents of Mohalla Sadat Kasba Jhalu, police station Haldaur, district Bijnor in equal proportionate 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.
The Court wanted to proceed against the Counsel for the petitioners and refer the matter to the Bar Council U.P. but taking into account the oral unconditional apology of the counsel for the petitioners, the Court dropped the same and dismissed the petition with exemplary cost.
Accordingly, the present writ petition stands dismissed on this count alone.
Office is directed to keep a copy of this order along with the record of Crl. Misc. Writ Petition No. 16306 of 2018.
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 :- 27.8.2018 Shiraz