Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2439 of 2019 Petitioner :- Monti And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Amit Kumar Srivastava, learned counsel for the petitioners and learned A.G.A. for the State.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 19.10.2018 registered as case crime No.555 of 2018, under Section 363, 506 I.P.C., P.S. Nakhasa, District Bheem Nagar.
Learned AGA has pointed out that the petitioners have earlier approached this Court and filed Crl. Misc. Writ Petition No. 35106 of 2018 for quashing the FIR of the present case which has been disposed of by this Court vide order dated 05.12.2018 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 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 respondent no.3 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. 35106 of 2018.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019 Madhurima