Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19884 of 2018 Petitioner :- Kamlesh Pal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Tiwari,Jang Bahadur Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K. Tiwari, learned counsel for the petitioners and Sri N.K. Verma, learned AGA for the State and perused the record.
The relief sought in this petition is for quashing of the F.I.R. dated 25.8.2017, registered as case crime no.716 of 2017, u/s 419, 420, 467, 468, 471, 472, 272 IPC and 60/62/72 of Excise Act, P.S. Mugra Badshahpur, district Jaunpur.
Learned counsel for the petitioners submits that as per FIR, no offence is made out against the petitioners. The allegations made against the petitioners are absolutely, frivolous and baseless, hence present FIR be quashed.
Learned AGA has pointed out that the petitioner no.2 Subhash Chandra Pal has earlier approached this Court and filed Crl. Misc. Writ Petition No.24503 of 2017 for quashing the FIR of the present case which has been dismissed by coordinate Bench of this Court vide order dated 10.11.2017 but the said fact has not been disclosed by learned counsel for the petitioners in the present writ petition. He further stated that filing of earlier petition by the petitioner no.2 cannot be ignored and petitioner no.2 was fully conscious about the same, hence some exemplary cost should be imposed on the petitioner no.2.
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 petitioner no.2 and prays that the present petition be dismissed as not pressed so far as it relates to petitioner no.2.
Considering the facts and circumstances of the case, we are of the opinion that it cannot be said that the petitioner no.2 Subhash Chandra Pal had no knowledge about filing of the earlier petition, hence present petition regarding petitioner no.2 is dismissed with an exemplary cost of Rs.5,000/- which shall be deposited by the petitioner no.2 Subhash Chandra Pal 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.
So far as petitioner nos.1 is concerned, we are of the opinion that the impugned FIR discloses cognizable offence against him, hence no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioners.
The petition lacks merit and is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.7.2018 Gaurav