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Kamar Jahan And Another vs State Of U P And Others

High Court Of Judicature at Allahabad|12 October, 2018


Court No. - 10
Case :- WRIT - C No. - 34881 of 2018 Petitioner :- Kamar Jahan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Alok Krishan Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Ms. Sajiya Parveen, Advocate has filed Vakalatnama on behalf of respondent no. 3 and the same is taken on record.
The petitioners have come up in the present petition with a prayer for a direction for protection of their lives as their lives is in danger. The brother of petitioner no. 1 has put in appearance through Ms. Sazia Parveen, Advocate.
It is informed by the counsel for the respondent no. 3 that Anwar father of the petitioner no. 1 has died about 18 years ago. Petitioner no. 1 is present in the Court and she has corroborated the said fact.
The present writ petition has been filed by the petitioners impleading Anwar as respondent no. 3 who had died way back 18 years with a purpose to mislead and play fraud upon the Court in order to procure protection to their lives.
This is the second marriage of petitioner no. 2 and he has four children out of wedlock with his first wife.
It is settled principle in law that petitioners should approach the Court with clean hands. In the instant case, the respondent no. 3 who has died way back 18 years, has been impleaded to mislead the Court.
This conduct of the petitioners do not warrant the exercise of the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, accordingly, the writ petition is dismissed with cost quantified to be Rs. 5000/-. The cost shall be deposited by the petitioner no. 2 with legal aid authority within two weeks.
The writ petition is dismissed.
Order Date :- 12.10.2018 Ishan
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Kamar Jahan And Another vs State Of U P And Others


High Court Of Judicature at Allahabad

12 October, 2018
  • Saral Srivastava
  • Alok Krishan Tripathi