Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2435 of 2019 Petitioner :- Mohd Mobin And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Thakur Prasad Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ajay Singh Sengar holding brief of Sri T.P. Dubey, learned counsel for the petitioners and Sri G.P. Singh, learned A.G.A. for the State.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 25.12.2018 registered as case crime No.529 of 2018, under Section 498A, 323, 506 I.P.C. and section 3/4 D.P. Act, P.S. Galshaheed, District Moradabad.
Learned AGA has pointed out that the petitioners have earlier approached this Court and filed Crl. Misc. Writ Petition No. 917 of 2019 for quashing the FIR of the present case which has been disposed of by another Co- ordinate Bench of this Court vide order dated 17.01.2019 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. Copy of the aforesaid order has been placed on record.
On 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 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/- on each of the petitioners which shall be paid by the petitioners of the present case to the informant i.e. respondent no.4 within one month from today.
Accordingly, the present writ petition stands dismissed.
Office is directed to keep a copy of this order along with record of Crl. Misc. Writ Petition No. 917 of 2019.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019/Madhurima