Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38042 of 2018 Petitioner :- Madhur Mohan Saxena And 3 Others Respondent :- State Of U.P. And 2 Othres Counsel for Petitioner :- Suresh Kumar Gupta,Vashishtha Narayan Tripathi Counsel for Respondent :- G.A.,Kameshwar Rao
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Suresh Kumar Gupta, learned counsel for the petitioners, Sri Kameshwar Rao, learned counsel for the caveator and Sri Pawan Shukla, learned AGA for the State.
This writ petition has been filed with a prayer to quash the F.I.R. dated 9.12.2018 registered as case crime no. 0998 of 2015 under sections 498-A, 323, 504. 506, 377 I.P.C. & Section 3/4 D.P. Act, police station Barra, District Kanpur Nagar.
Learned counsel for the caveator has pointed out that two petitions have been filed on behalf of the petitioners for quashing the FIR of the present case. One of the writ petition being Writ Petition No. 37998 of 2018 is listed at serial no. 258 in today's fresh list in which today this Court passed an interim order in favour of petitioner nos. 2 to 4 and dismissed the case of petitioner no. 1. He further submitted that in Writ Petition No. 37998 of 2018, husband Madhur Mohan Saxena is the deponent whereas in the present case, father-in-law Hari Nam Saxena petitioner no. 2 is the deponent.
He further stated that filing of petition on behalf of the petitioners cannot be ignored and petitioners was fully conscious about the same, hence some exemplary cost should be imposed on the petitioners.
On a query being made regarding filing of the writ petition no. 37998 of 2018, 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 said 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 writ petition no. 37998 of 2018, 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 each of petitioner of the present case resident of Village Plot No. 9 Yogendra Vihar, Naubasta, P.S. Barra, District Kanpur Nagar within two months 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 amount of Rs. 20,000/- if received, shall be paid to the wife of petitioner no. 1 Madhur Mohan Saxena, who is sister of respondent no. 3.
Accordingly, the present writ petition stands dismissed.
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 :- 21.12.2018 Manoj