Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15983 of 2019 Petitioner :- Krishnapal Maurya And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Usha Srivastava,Jalaj Kumar Tripathi,Saurabh Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Jalaj Kumar Tripathi, learned counsel for the petitioners, Sri G.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 14.03.2019, registered as case crime no. 39 of 2019 under sections 363, 366 I.P.C., police station Visharatganj, District Bareilly.
Learned counsel for the petitioner submits that petitioner has already approached this Court by means of Writ Petition No. 12303 of 2019 for quashing of the impugned FIR and the said petition was disposed of by Co-ordinate Bench of this Court vide order dated 07.05.2019 observing that the age of the victim should be determined by the competent authority and the counsel for the petitioner has filed the present petition only on the basis of age as has been determined by the Medical Board which was already placed before the aforesaid Bench.
Since the first petition filed on behalf of the petitioner has already been dismissed on merits, the present second petition for the same cause of action is not maintainable without there being any fresh material for which liberty was granted to the petitioner.
The writ petition is accordingly dismissed.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 Madhurima