Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25327 of 2018 Petitioner :- Mohd. Azad @ Babloo And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adarsh Bhushan,Arpan Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Adarsh Bhushan, learned counsel for the petitioners and Sri A.K. Sand, learned AGA for the State.
This writ petition has been filed with a prayer to quash the FIR dated 27.04.2018 registered as Case Crime No. 186 of 2018, under section 364 IPC, PS Mauaima, District Allahabad.
Learned AGA has pointed out that the petitioners along with other co-accused has earlier approached this Court and filed Crl. Misc. Writ Petition No. 14508 of 2018 for quashing the FIR of the present case, which has been dismissed by this Court vide order dated 31.05.2018, but the said fact has not been disclosed by the petitioners in the present writ petition. He further stated that filing of earlier petition by the petitioners cannot be ignored and petitioners were fully conscious about the same, hence some exemplary cost should be imposed on the petitioners.
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 they were having no knowledge about filing of the earlier 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 earlier petition, hence the present writ petition is dismissed with an exemplary cost of Rs.5,000/- each which shall be deposited by the petitioners of the present case, 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.
Accordingly, the present writ petition stands dismissed.
Office is directed to keep a copy of this order along with the record of Crl. Misc. Writ Petition No. 14508 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 :- 12.9.2018 Sazia